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THE REPUBLIC
V.
HIGH COURT 3, KOFORIDUA EX PARTE ERNEST YAW KUMI & ORS

(2025) JELR 114586 (SC)

Supreme Court 12 Mar 2025 Ghana
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- The applicant, declared winner of the 2024 Akwatia parliamentary election, sought supervisory relief from the Supreme Court after the High Court accepted a petition (filed before official Gazette notification) challenging his victory and

Case Details

Suit Number:CIVIL MOTION J5/37/2025
Judges:PWAMANG, JSC (PRESIDING) PROF. MENSA-BONSU (MRS.),. JSC GAEWU JSC, KWOFIE, JSC ADJEI-FRIMPONG, JSC
Counsel:GARY NIMAKO MARFO ESQ. WITH NANABANYIN AKON ESQ., SHADRACH OBENG -YEBOAH ESQ., KWAME ANTWI AFRIYIE ESQ., NANA BAAFI YEBOAH ESQ. AND FRANK SERLORM ASARE ESQ, FOR THE APPLICANT BERNARD BEDIAKO BAIDOO ESQ. WITH ISAAC MINTA LARBI ESQ., THEOPHILUS DZIMEGAH ESQ. AND BERNARD AKPORH BAAH ESQ. FOR THE 1ST INTERESTED PARTY JUSTIN AMENUVOR ESQ. FOR THE 2ND INTERESTED PARTY NO LEGAL REPRESENTATION FOR THE 3RD INTERESTED PARTY

RULING

MAJORITY OPINION

ADJEI-FRIMPONG JSC:

BACKGROUND

On December 7th, 2024, the people of Akwatia in the Eastern Region went to the polls to elect, what is of relevance to the instant proceedings, a member of Parliament for the constituency in the general elections. The applicant was a candidate in the elections representing the New Patriotic Party (N.P.P). The 1st Interested Party contested on the ticket of the National Democratic Congress (N.D.C.)

At the close of polls and on counting and collation of results, the Applicant was declared winner by the 2nd Interested Party, the Electoral Commission (E.C.). The EC has since gazetted the results of the constituency parliamentary elections even though in this application, the issue of when this was actually done is in some controversy.

Following the declaration of the results however, the 1st Interested Party on 31st December filed a petition in the High Court Koforidua seeking to challenge the results on grounds of alleged irregularities an…

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