The Koforidua High Court has dismissed an application filed by the New Patriotic Party (NPP) seeking to set aside an injunction order that restrained its parliamentary candidate, Ernest Yaw Kumi, from holding himself as the Member of Parliament-elect for the Akwatia Constituency.
The court, presided over by Justice Senyo Amedahe, not only dismissed the application but also imposed a cost of GHC 10,000 against the NPP.
Background
The injunction was originally granted following a motion by the National Democratic Congress (NDC) parliamentary candidate, Henry Boakye-Yiadom, challenging the results of the December 2024 parliamentary election in Akwatia. Boakye-Yiadom alleged irregularities in the collation process and sought legal redress to address these concerns.
The injunction order restrained the Electoral Commission (EC) from recognizing Ernest Yaw Kumi as the MP-elect and prohibited Kumi from holding himself out as such. 
In response, the NPP filed an application to nullify the injunction and the accompanying processes filed by the NDC, arguing that the court lacked jurisdiction and that the claims were baseless.
Court’s Decision
After hearing arguments from both sides, the court dismissed the NPP’s application to set aside the injunction. Justice Amedahe ruled that the NPP had failed to demonstrate sufficient grounds to overturn the earlier decision.
The court further imposed a GHC 10,000 cost against the NPP, signaling its firm stance on discouraging frivolous applications that could delay the legal process.
Implications for the Akwatia Dispute
- Election Outcome in Limbo: The dismissal prolongs the uncertainty surrounding the Akwatia parliamentary seat, leaving the constituency without a confirmed representative.
- EC’s Role: The Electoral Commission remains restricted from proceeding with any actions to recognize or gazette Ernest Yaw Kumi as MP-elect until the legal matters are resolved.
- Heightened Political Tensions: The ongoing legal battle further intensifies the political rivalry between the NPP and NDC in Akwatia, a traditionally contentious constituency.
Reactions
- NDC’s Response: The NDC welcomed the decision, with representatives stating that it underscores the judiciary’s commitment to fairness and justice in electoral disputes.
- NPP’s Position: The NPP is yet to indicate whether it will appeal the ruling, but insiders suggest that the party may explore other legal avenues to contest the injunction.
Conclusion
The High Court’s decision is a significant setback for the NPP in its quest to secure the Akwatia parliamentary seat. As the legal process continues, the case highlights the critical role of the judiciary in addressing electoral disputes and maintaining public confidence in Ghana’s democratic system.
