The Supreme Court has set April 30 to rule on the case involving Akwatia MP Ernest Kumi, who is challenging an injunction placed on his swearing-in on January 6.
On 6th January 2025, an interim injunction was issued to stop Mr Kumi from taking office. However, he proceeded with the swearing-in despite the order. This led to the High Court citing him for contempt.
He is now asking the Supreme Court to overturn the injunction and prevent the High Court judge from handling the case further.
Mr Kumi’s lawyer, Gary Nimako Marfo, argues that the High Court had no authority to grant the injunction. He explained that the case is based on an election petition filed by Henry Boakye, the NDC parliamentary candidate for the constituency, on 31st December 2024.
However, he says the election laws provide that such petitions be filed within 21 days of the official gazette of election results. Mr Kumi’s team claims that the results were gazetted on 6th January 2025, making the petition invalid.
Henry Boakye’s legal team disagrees. Lead lawyer Bernard Bediako Baidu insists that the Electoral Commission (EC) actually gazetted the results earlier, on 24th December 2024. He says Mr Kumi’s gazette document is incorrect, while their copy Gazette No. 234 from December 24 is the official one. He also pointed out differences in gazette numbers, suggesting Mr Kumi’s document is unreliable.
The Electoral Commission’s lawyer, Justin Amenuvor, revealed that neither the MP’s nor Henry Boakye’s gazette documents were presented to the High Court when it made its ruling. Instead, the judge relied on an online publication provided by the NDC’s legal team to determine if the court had jurisdiction.
Amenuvor argued that because the judge did not have the official gazette before making a decision, the ruling should be overturned.
Source: myjoyonline.com