His Lordship George Krofa Addae of the Koforidua High Court-2 has recused himself from the Fanteakwa North parliamentary election dispute, citing personal connections and relationships with key individuals involved in the case.
This decision has introduced new complexities to an already contentious legal battle, delaying resolution and maintaining legal restrictions on the New Patriotic Party’s (NPP) Member of Parliament-elect, Kwame Appiah Kodua.
Justice Addae, a native of Begoro—the district capital of Fanteakwa North—revealed in open court that his wife and family also hail from the town. He further disclosed his friendships with executives from both the NPP and the National Democratic Congress (NDC), noting that these individuals occasionally visit him.
Acknowledging these personal ties, the judge expressed concerns about his ability to remain impartial in handling the three interconnected cases: 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.
In light of these circumstances, Justice Addae referred the matter to the Chief Justice for reassignment and adjourned proceedings indefinitely.
The legal dispute arises from the Electoral Commission’s (EC) re-declaration of Kwame Appiah Kodua’s victory at its Tesano office, overturning an earlier declaration in favor of the NDC’s Haruna Appau Wiredu.
This reversal prompted NDC lawyers Isaac Minta Larbi Esq. and Benard Bediako Esq. to file an injunction preventing the EC from gazetting and transmitting Mr. Kodua’s name to Parliament.
A similar injunction was served on the Clerk of Parliament, barring Mr Kodua’s swearing-in. According to Lawyer Minta Larbi, the judge’s recusal leaves the injunction in place, preventing Mr Kodua from taking his seat in Parliament.
Akwatia Case Ruling: NPP Suffers Legal Setback
Meanwhile, the Koforidua High Court has dismissed the NPP’s application to set aside an injunction preventing the swearing-in of Ernest Yaw Kumi, the MP-elect for Akwatia.
The injunction was secured by the NDC’s parliamentary candidate, Henry Boakye-Yiadom, who is contesting the EC’s declaration of Mr. Kumi as the winner.
The court presided over by Justice Senyo Amedahe, awarded a cost of GHS 10,000 against the NPP, reinforcing the earlier order that barred Mr. Kumi from being sworn in during the midnight inauguration of January 7, 2024.
During the previous hearing of the Akwatia case, NDC counsel Bernard Baidoo Esq. argued that election petitions could be filed once the election process is completed and a winner declared or gazetted, referencing Supreme Court interpretations of Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284).
NPP lawyer Gary Nimako countered, asserting that petitions could only proceed after gazettement or in cases involving corruption or criminal allegations. Justice Amedahe, after considering both arguments, adjourned the ruling to January 6, 2025.
Justice Addae’s recusal in the Fanteakwa North case and the adjournment in the Akwatia case reflect the increasingly litigious nature of Ghana’s electoral processes.
Both developments prolong the resolution of disputes, leaving two NPP MPs-elect unable to participate in parliamentary proceedings.
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