Judge recuses himself from Fanteakwa North Parliamentary case

His Lordship George Krofa Addae of the Koforidua High Court -2 has recused himself from the Fanteakwa North Parliamentary election case, citing personal connections and friendships with key individuals involved.

The judge revealed that he is a native of Begoro, the district capital of Fanteakwa North, and that his wife and family are from the town.

He acknowledged his friendships with executives of both the NPP and NDC, adding that they sometimes visit him.

Given these personal ties, he deemed it inappropriate to preside over three cases which involves an application to set aside a writ of summons and certiorari, a substantive injunction against Kwame Appiah Kodua, the NPP MP-elect, and a contempt application.

Justice Addae has referred the matter to the Chief Justice for reassignment.

He has adjourned proceedings indefinitely.

Kwame Appiah Kodua’s victory was reaffirmed after a re-declaration by the Electoral Commission at its Tesano office, overturning an earlier declaration by the Returning Officer in favour of the NDC candidate, Mr. Haruna Appau Wiredu.

Lawyers Isaac Minta Larbi Esq. and Benard Bediako Esq. had filed an injunction to prevent the Electoral Commission from gazetting and transmitting Kwame Appiah Kodua’s name to Parliament.

A similar injunction was served on the Clerk of Parliament, prohibiting Mr. Kodua’s swearing-in.

According to Lawyer Isaac Minta Larbi, the judge’s recusal means the injunction barring Kwame Appiah Kodua’s swearing-in remains in effect.

This development delays any resolution of the legal dispute and maintains the current restrictions on the MP-elect’s participation in Parliament.

The case now awaits further direction from the Chief Justice.

Ruling on Akwatia case

Meanwhile Koforidua High Court 3 is set to deliver a ruling later today on an application seeking to lift an interim injunction barring the swearing-in of Ernest Yaw Kumi as the Member of Parliament-elect for Akwatia. The injunction had prevented his swearing-in during the midnight inauguration of January 7, 2024.

The ruling was deferred on Sunday after the court sat to hear arguments.

Last week, the Koforidua High Court issued the injunction following a lawsuit filed by Henry Boakye-Yiadom, the NDC parliamentary candidate. The suit, filed against the Electoral Commission (EC), Ernest Yaw Kumi, and the Clerk to Parliament, challenges the EC’s declaration of Mr. Kumi as the winner with 19,269 votes, compared to Mr. Boakye-Yiadom’s 17,206 votes.

Before the motion hearing, Mr. Henry Boakye-Yiadom’s counsel raised concerns over the validity of Gary Nimako’s license number, as reflected on the soft copy of the motion paper served on Saturday at 3:00 PM.

Counsel argued that this constituted a grave legal issue, rendering the application inadmissible.

Gary Nimako countered, explaining that the error originated from the court registry and had been corrected in the hard copy served to the defense counsel.

The Presiding High Court Judge Justice Senyo Amedahe instructed the parties to proceed with the substantive motion.

During the hearing, Mr. Nimako argued that the injunction application and election petition were improperly filed. Citing Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), he maintained that such actions could only be initiated after the EC gazettes the MP-elect or in cases involving corruption or criminal allegations.

Responding, Bernard Baidoo Esq., counsel for Mr. Boakye-Yiadom, referenced Supreme Court rulings interpreting Section 16(1) of PNDC Law 284. He asserted that a petition could be filed once the election process is completed and a winner declared or gazetted.

Justice Senyo Amedahe adjourned the ruling to Monday, January 6, 2025, after hearing the arguments.