High Court dismisses suit challenging Effutu assembly member’s election

The Winneba High Court has dismissed a suit challenging the re-election of the assembly member for Donkonyianmu/Obrawogum Electoral Area, Mr Nathaniel Akyeampong, in the district level elections in December 2019.

According to the court, presided over by Justice Aboagye Tandoh, the first respondent, the Electoral Commission (EC) conducted the district assembly election in accordance with the law governing its operations.

It also held that the decision the EC took in the course of the election and the declaration of the results did not occasion any error patent on the face of the record.

The court also held that neither was there any breach of natural justice to warrant the court’s intervention by way of certiorari to quash the election so declared or disturb same, adding “it is further ordered that the application is devoid of merit and same dismissed”.

Mr Akyeampong, who was elected for a second term, is yet to be sworn in to be able to perform his responsibilities as the assembly member for the electoral area.

Applicant’s suit

In a suit filed at the Winneba High Court against Mr Nathaniel Akyeampong who was the second respondent, the applicant, Mr Alex Mensah, a contender, joined the Electoral Commission (EC) and the Effutu Municipal Assembly as the first and third respondents respectively.

In his statement of claim, the applicant through his counsel, Ms Deborah Asabere-Ameyaw, sought a declaration that the district assembly and unit committee election which resulted in the election of Mr Akyeampong as the winner of the election at Donkonyianmu/Obrawogum electoral area was null and void and of no legal effect.

Not sworn in

It would be recalled that the Daily Graphic on January 28, 2020 reported that Mr Akyeampong was not sworn in during the swearing-in of the assembly members in the Effutu Municipality due to a court injunction placed on him by his contender during the December 19, 2019 district level and unit committee elections.

Although he was present at the inauguration, he was not sworn in which resulted in mixed reactions among the people present at the ceremony.