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REPUBLIC V. THE HIGH COURT 3, KOFORIDUA EX PARTE: ERNEST YAW KUMI HON. HENRY BOAKYE YIADOM THE ELECTORAL COMMISSION THE CLERK OF PARLIAMENT

(2025) JELR 114571 (SC)

Supreme Court  •  CIVIL MOTION NO . J5/37/2025  •  11 Jun 2025  •  Ghana

Coram
PWAMANG, JSC (PRESIDING) PROF. MENSA-BONSU (MRS.), JSC GAEWU, JSC KWOFIE, JSC ADJEI-FRIMPONG, JSC

Appearances
GARY NIMAKO ESQ. FOR THE APPLICANT. WITH NANA BANYIN ACKON ESQ, NANA BAAFI YEBOAH ESQ, DZIDZOR AMI LOGOH ESQ AND EMILY AKUA MENSAH ESQ. BERNARD BEDIAKO BAIDOO ESQ. FOR THE 1 INTERESTED PARTY WITH HIM ISAAC MINTAH LARBI ESQ, THEOPHILUS DZEMEGAH ESQ AND BERNARD ARKO BAAH ESQ. HOPE AGBOADO ESQ. FOR THE 2 INTERESTED LED BY MIRACLE ATTACHI ESQ

Judgement

RULING

MAJORIY OPINION: 

ADJEI-FRIMPONG JSC: 

On June 11 2025, this Court delivered its decision in this application and reserved full reasons to be rendered at a later date. Those reasons we now present. In the decision, some reliefs were unanimously refused. Others were granted by the majority. We shall in this discourse indicate how the reliefs played out. First, the background to the application which invoked the Supervisory Jurisdiction of this Court. 

On December 7, 2024, the people of Akwatia in the Eastern Region went to the polls to, what is of essence in this case, elect a Member of Parliament for the constituency in that year’s general elections. The Applicant was a candidate in the elections representing the New Patriotic Party (N.P.P). The 1 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 2 Interested Party, the Electoral Commission (E…

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