HON. PAUL EVANS AIDOO v. DR. KWAKU AFRIYIE AND THE ELECTORAL COMMISSION OF GHANA

The Petitioner, on 6th January 2021, filed a parliamentary election petition against the

Respondents claiming the following reliefs:

(i) A declaration that the Sefwi Wiawso Parliamentary Election conducted and

supervised by the Electoral Commission and its officials on the 7th day of

December 2020 was null and void due to non-compliance with the Public

Elections Regulations, 2020 (C. I. 127) and to that extent is of no legal effect.

(ii) That the purported declaration of the 1st Respondent, Dr. Kwaku Afriyie, as

Member of Parliament-elect is null, void and of no legal effect for non-

compliance with the Public Elections Regulations, 2020 (C. I. 127).

(iii) A declaration that the 1st Respondent, Dr. Kwaku Afriyie, has not been

validly elected as Member of Parliament for the Sefwi Wiawso Constituency.

(iv) A declaration that it is the Petitioner other than the 1st Respondent that was

duly elected as Member of Parliament for Sefwi Wiawso when all the results

are collated in accordance with the Public Elections Regulations, 2020 (C. I.

(v) An Order of Perpetual injunction restraining the 1st Respondent, Dr. Kwaku

Afriyie, from holding himself out as the Member of Parliament-Elect for the

Sefwi Wiawso Constituency from 6th January 2021 till 5th January 2025, the

tenure of the 8th Parliament of the Republic of Ghana.

(vi) Any Order(s) deemed proper or fit by this Honourable Court.

On the same date, the Petitioner filed a motion ex parte for an Order to determine

Security for Cost under section 18 (2) of the Representation of the People Law, 1992

(PNDCL 284). The said ex parte motion was heard and determined on the same date,

and this Court ordered the Petitioner to pay an amount of GH¢7,000.00 as security for

costs before the expiration of the statutory 21 days. From the records, the said

GH¢7,000.00 was duly paid within the statutory 21 days, thereby giving legal validity to

the instant petition in accordance with section 18 (2) of PNDCL 284.

Background to the Petition

On 7th December 2020, the 2nd Respondent herein (the Electoral Commission of Ghana)

which is established under Article 43 of the Constitution to conduct all elections and

referenda in Ghana, conducted parliamentary and presidential elections in all the two

hundred and seventy-five (275) constituencies in the country. The 7th December 2020

elections were conducted pursuant to the Public Elections Regulations, 2020 (C. I. 127)

under the supervision of the Electoral C