The Supreme Court has postponed its decision to April 30 regarding a request from Akwatia MP, Ernest Kumi, who is seeking to overturn an interim injunction that prevented his swearing-in on January 6.
In defiance of the injunction, Kumi went ahead with the swearing-in ceremony, which resulted in a contempt charge from the High Court. He is now appealing to the Supreme Court to annul the injunction and prevent the High Court judge from further adjudicating the case.
Kumi’s legal team, led by Gary Nimako Marfo, contends that the High Court made a mistake in issuing the injunction due to a lack of jurisdiction. They argue that the injunction originated from an election petition filed by NDC parliamentary candidate Henry Boakye on December 31, 2024.
They maintain that, according to electoral regulations, such petitions must be submitted within 21 days following the official gazette publication of election results. They assert that the gazette was published on January 6, 2025, rendering the petition invalid.
Conversely, Boakye’s legal representatives disputed this claim, stating that the Electoral Commission (EC) had published the results earlier on December 24, 2024. Lead counsel Bernard Bediako Baidu claimed that the gazette provided by Kumi was incorrect and that their client possessed the original document, supported by EC filings referencing Gazette No. 234 from December 24. He also highlighted discrepancies in Kumi’s document, which displayed a different gazette number.
The EC’s legal representative, Justin Amennuvor, noted that neither document was submitted to the High Court during its ruling. He explained that the judge had relied on an online publication referenced by NDC lawyers to establish jurisdiction. Amennuvor argued that since the court did not have the official gazette record at the time of its decision, the ruling should be reversed.
The five-member panel of the Supreme Court, led by Justice Gabriel Pwamang, is set to announce its ruling on this issue on April 30.
