RULING - PRELIMINARY ISSUE OF WHETHER APPLICANT, CONTEMNOR IS ENTITLED TO HEARING

MAJORITY OPINION

ADJEI-FRIMPONG JSC:

BACKGROUND

On December 7, 2024, the people of Akwatia in the Eastern Region went to the polls to elect, what is of relevance to the instant proceedings, a member of Parliament for the constituency in the general elections. The applicant was a candidate in the elections representing the New Patriotic Party (N.P.P). The 1st 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 2nd Interested Party, the Electoral Commission (E.C.). The EC has since gazetted the results of the constituency parliamentary elections even though in this application, the issue of when this was actually done is in some controversy.

Following the declaration of the results however, the 1st Interested Party on 31st December filed a petition in the High Court Koforidua seeking to challenge the results on grounds of alleged irregularities and misconducts, that to him, affected the final outcome of the elections. The petition sought the following reliefs:

(a)A declaration that the purported declaration of the winner of the parliamentary election held at Tesano Police Training School in Accra on Thursday, the 12th December, 2024 is void and of no legal effect.

(b)An order cancelling the results of the said declaration by agents of the 2nd Respondent.

(c) A declaration that the 1st Respondent was not validly elected as Member of Parliament.

(d) A declaration that upon the cancellation of all unlawful votes and upon proper collation the Petitioner is the validly elected member of parliament for the Akwatia Constituency.

(e)Costs and any order just and fair in the eyes of the law.

On the back of the petition, the 1st Interested Party the same day filed an application ex parte for an interlocutory injunction restraining the Respondents therein from essentially, doing anything to hold the applicant out as a duly elected Member of Parliament. In particular, the Applicant was to be restrained from being called, admitted, registered, sworn in or gazetted as Member of Parliament for that constituency.

Senyo Amedahe J on the 2nd January 2025, granted the ex parte application for a limited period of ten (10) days. The next day 3rd January 2025, the applicant caused an application to be filed in that