Justice Srem Sai, a member of the National Democratic Congress (NDC) legal team, has raised objections to the impending swearing-in of three New Patriotic Party (NPP) Members of Parliament-elect.
The MPs-elect, Patrick Yaw Boamah (Okaikwei Central), Charles Forson (Tema Central), and Martin Adjei Mensah Korsah (Techiman South), were declared winners following a High Court-ordered collation of disputed results by the Electoral Commission (EC).
Justice Srem Sai, speaking on Citi FM on Monday, 6th January 2025, contended that the processes leading to their declaration were fraught with irregularities.
He argued that proceeding with their swearing-in would constitute a breach of constitutional principles.
According to him, unresolved legal and procedural challenges surrounding the collation process render the declarations legally questionable.
The EC conducted the re-collation of results as directed by the High Court, resulting in the declaration of the three NPP candidates as winners.
However, Justice Srem Sai claimed that the NDC had filed an appeal seeking a stay of execution against the court order that mandated the collation.
He noted that this appeal had been duly served on the EC, casting doubt on the validity of the re-collation exercise.
Justice Srem Sai emphasized that allowing the swearing-in of the MPs-elect without resolving the legal dispute would undermine the principles of justice and fairness.
He called for a suspension of the swearing-in ceremony until the judicial review process had been concluded, ensuring clarity and legitimacy in the outcomes of the contested constituencies.
“I do not see why someone will say the swearing-in will happen, and I don’t think we should continue to entertain that because it is unlawful. We appealed for a stay and that has been served on the Electoral Commission.”
“I understand that the EC has even filed an affidavit in opposition and so our point is that once you have a notice of a stay application, then you cannot in any lawfulness be conducting the re-collation and if you continue to do that, you have breached the orders that the court has made.”
“And our point is that such behaviours will not be blessed by law and it is in that frame that we are saying that the three MPs ought not to be sworn in. They should not be sworn in until such a time that the markings concerning their alleged election are resolved.”
Source: myjoyonline.com