THE REPUBLIC vs THE HIGH COURT 3, KOFORIDUA & ORS

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 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).

On 31st December 2024 the losing 1st Interested Party filed a petition in the High Court Koforidua, seeking to challenge the results on grounds of massive irregularities and misconduct that to him, affected the final outcome of the election. 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 doing anything to hold the Applicant out as a duly elected Member of Parliament. In particular, he was to be restrained from being called, admitted, registered, sworn in or gazetted as Member of Parliament.

Senyo Amedahe J on the 2nd of January granted the ex parte application for a limited period of ten (10) days. The next day, the Applicant caused an application to be file