The National Democratic Congress (NDC) has had its case challenging the High Court’s ruling ordering the Electoral Commission to collate and declare parliamentary results for four disputed constituencies adjourned indefinitely.
The constituencies involved are Tema Central, Okaikwei Central, Ablekuma North, and Techiman South.
The NDC had appealed to the Supreme Court to overturn the High Court’s decision, following a mandamus application filed by the New Patriotic Party (NPP).
However, a five-member panel of the Supreme Court, led by Justice Gabriel Pwamang, adjourned the matter due to the failure to serve the Interested Parties.
“Since the Interested Parties have not been served, the application will be adjourned sine die (indefinitely) to allow for proper service,” the Supreme Court stated.
Gary Nimako Marfo, representing some Interested Parties, informed the court that he had not been served, despite being present for a different matter.
Gideon Abotsi, representing the NDC, requested that the NPP be served with the necessary processes in court.
In a separate case, the Supreme Court also indefinitely adjourned an application seeking certiorari and prohibition against a High Court in Koforidua, Eastern Region.
This application was filed by Mr. Gary Nimako Marfo on behalf of Ernest Kumi, with the Interested Parties being Henry Boakye Yiadom, the Electoral Commission, and the Clerk of Parliament.
The applicant argued that the High Court Judge in Koforidua had made a jurisdictional error by assuming jurisdiction over the Parliamentary Election petition concerning the Akwatia Constituency before the Electoral Commission had published the Gazette Notification of the election results, as required by law.
“The learned High Court Judge breached the rules of natural justice when he heard and granted an application for an interim injunction against the applicant without notifying him, even though it was clear that the applicant and the Akwatia constituents would be adversely affected by the injunction,” the applicant said.
“The learned High Court Judge was biased and highly prejudiced against the applicant. Even after being informed that there was no Gazette Notification of the Parliamentary Election results in the Akwatia Constituency, he relied on an online news portal and repealed legislation to claim the results had been gazetted,” the applicant added.
The applicant is asking the Supreme Court to declare that the petition filed by Henry Boakye Yiadom on December 31, 2024, is invalid, as it was filed without the necessary Gazette Notification of the Parliamentary Election results.
The applicant further contended that without the notification, the petition did not properly invoke the jurisdiction of the High Court, rendering any orders based on it void.
The applicant is seeking the Supreme Court to:
Quash the Koforidua High Court’s ruling of January 6, 2025, and the interim injunction order of January 2, 2025.
Issue an order of prohibition to prevent the High Court Judge from continuing to hear the Election Petition, citing lack of jurisdiction.
The case has been adjourned indefinitely due to the failure to serve the first and third Interested Parties.
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