GYEDU FRIMPONG & ANOR vs. JOANA GYAN CUDJOE
May 12, 2024
SUPREME COURT
GHANA
CORAM
- KULENDI JSC SITTING AS A SINGLE JUDGE
Areas of Law
- Civil Procedure
- Constitutional Law
May 12, 2024
SUPREME COURT
GHANA
CORAM
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KULENDI JSC.
The Applicants have by an ex-parte motion filed on the 4th of December 2024, prayed this Honorable Court for the grant of an ex parte order of interim injunction. Significantly, this application is brought only (3) three days prior to the conduct of the all-important December 7th elections organised by the 3rd Interested Party, for the purpose of electing individuals at the Presidential and Parliamentary levels, to steer the affairs of this nation, for the next four years. The Applicants are praying this Honourable Court for the grant of an ex parte order of interim injunction restraining the 3rd Interested Party, their agents, servants and assigns from organizing the Parliamentary Constituency elections in Amenfi Central Constituency in the Western region of the Republic of Ghana which would include the 1st Interested Party, Joana Gyan Cudjoe as the Parliamentary candidate for the Amenfi West Constituency representing the 2nd Interested Party, the National Democratic Congress.
Having set out the request tabled by the Applicant to this Court, I consider it necessary to set out in full the material depositions of the Applicant which have animated the filing of the instant application in order to properly situate my analysis, findings and conclusions:
"I, MAAME EFFUA BENTUM, ESQ, of House No. 5 Owula Mampong Okai Street, (Suhum Street) Kokomlemle, Accra, make oath and say as follows: 1. That I am the Deponent herein and a Lawyer at Amoakwa-Boadu & Osei-Mensah Law Consult, lawyers for the Applicants/Applicants herein. 2. That I have the consent and authority of the Applicants to depose to this Affidavit which unless otherwise stated are facts within my personal knowledge, information and belief which said facts have come to my knowledge in the course of my duties as Counsel for the Applicants.
*3. That at the hearing of this application, Counsel shall seek leave of this Honorable Court to refer to all processes filed in this suit as if same were reproduced in this Affidavit in extenso and sworn to on oath.
4. That on the 2nd December 2024, Applicants caused their lawyers to file a Certiorari Application in the registry of this Honourable Court against the High Court, Sekondi and serve same on the Interested Parties for a Ruling given by the High court Sekondi on the 11th of November 2024, to be brought up to this Honourable Supreme Court for same to be quashed. * *5. That it i
AI Generated Summary
Kulendi JSC, sitting as a single judge of the Supreme Court, adjudicated an ex-parte motion for an interim injunction filed by the Applicants against the Electoral Commission (3rd Interested Party). The Applicants sought to restrain the Commission from conducting Parliamentary elections in the Amenfi Central Constituency on December 7, 2024, if they included Joana Gyan Cudjoe (1st Interested Party), the candidate for the National Democratic Congress (2nd Interested Party). The application was filed pending a Certiorari suit seeking to quash a High Court ruling that had revoked a prior injunction against the 1st Interested Party based on forgery allegations. The Court first exercised its discretion to waive a procedural defect regarding the late filing of the Applicants' Statement of Case. On the merits, the Court dismissed the application, reasoning that the Applicants failed to demonstrate irreparable harm because fraud, if proven later, would vitiate the election results. Furthermore, the Court held that the balance of convenience heavily favored allowing the elections to proceed given the proximity to the election date, the financial cost to the State, and the rights of the electorate.