The Apex Court constituted by Justices Pwamang, Mensah-Bonsu, Gaewu, Adjei Frimpong and Kwofie has adjourned indefinitely the certiorari application brought by Ernest Kumi, sworn-in Member of Parliament of Akwatia constituency, against the injunction granted against him by Justice Amedahe from being sworn-in as a member of Parliament.

The Supreme Court in the voice of the learned President of the Panel, Justice Gabriel Pwamang ruled that service of the application brought by Mr. Kumi through his lawyer, the learned Gary Nimako Marfo be done on the interested party, Mr. Boakye Yiadom of the National Democratic Congress (NDC).

Justice Pwamang before the drawing up of the ruling of the Court and reading out of same, said the lack of service dis-entitles the court from hearing the application as the said jurisdiction to hear the application was, and is a judicial one and not an administrative one. The Court thus adjourned the matter which is intituled Republic v High Court 3, Koforidua Ex Parte; Ernest Kumi (Suit No. J5/24/2025) until Counsel for the Applicant takes steps to ensure service and the fixing of a date for hearing upon due service.

Interim Injunction

Justice Senyo Amedahe on the 31st December, 2024, heard an Interim Injunction application brought by Henry Boakye Yiadom, the 1st Interested Party in the certiorari application and the Petitioner in the Petition filed on the same 31st December, 2024 at the Koforidua High Court.

Justice Senyo Amedahe granted the Interim Injunction on 2nd January, 2025 restraining the Applicant in the certiorari application brought by Mr. Kumi, from being called, admitted, registered, sworn in, recognized, gazetted as the elected Member of Parliament for the Akwatia Constituency and from holding himself as Member of Parliament for the Akwatia Constituency.

Grounds for Quashing

The applicant contends, from his application filed, that the Interim Injunction flows from or is rooted in an election Petition filed by Mr. Yiadom, his competitior in the election on the ticket of the National Democratic Congress. The Applicant argues that the said election petition was improper as the time limited for filing such a process was not ripe, thus Justice Amedahe's Jurisdiction not properly invoked.