Annoh-Dompreh to court: Set aside defective writ challenging Nsawam-Adoagyiri election

New Patriotic Party (NPP) Member of Parliament for Nsawam-Adoagyiri and Majority Chief Whip, Frank Annoh-Dompreh, has filed an application seeking to set aside what he says is a defective writ of summons and statement of claim instituted in court by Amenorpe Philibert Fummey, the parliamentary candidate of the National Democratic Congress (NDC) challenging the Nsawam-Adoagyiri parliamentary elections held on 7 December 2024

According to the processes filed by his lawyer, Gary Nimako Marfo, Mr Annoh-Dompreh contends that the issuance of a writ of summons and a statement of claim is unknown to the country’s laws regarding matters relating to parliamentary elections. He argues that to challenge the results of a parliamentary election, the applicant must file a petition, and the same can only be done after the results of the election have been declared and gazetted.

In his application, Mr Annoh-Dompreh seeks three other reliefs from the court in addition to the order to set the writ of summons and the statement of claim aside. First, he is seeking “an order directed at the Electoral Commission (EC) to collate and declare the results and winner of the Nsawam-Adoagyiri Constituency Parliamentary Election held on 7 December 2024 through the Returning Officer as required by law.”

Additionally, he is praying to the court for “an order directed at the Inspector General of Police to provide adequate and armed security presence to the Electoral Commission (EC) at the designated collation center to enable it to perform its constitutional and statutory duty of conducting and supervising public elections,” and lastly, any other orders the court may deem fit

Mr Annoh-Dompreh essentially argues that the issuance of the Writ of Summons and the Statement of Claim in a matter touching on Parliamentary Elections in Ghana is misconceived, legally untenable, and unknown to the law.

He also observes that “there has been no declaration in his favor in respect of the Parliamentary Election in Nsawam-Adoagyiri and therefore, in the absence of a declaration, it is premature for the election to be questioned by the applicant in the matter.

The NPP lawmaker further contends that “the validity of an election to Parliament may be questioned only by a petition before the High Court and not by the issuance of a writ of summons and statement of claim and that an election petition shall be presented to the High Court within twenty-one (21) days after the date of publication in a gazette of the result of the elections to which the said election relates.

Mr Annoh-Dompreh also argued that, to his utter surprise, no result has been declared in his favor to warrant a challenge by the Plaintiff/Respondent in the Court and “that it is needless to point out that the EC has not published any gazette notification of any declared parliamentary results in Nsawam-Adoagyiri.

To this end, Annoh-Dompreh stated that a parliamentary election can only be challenged by filing an election petition and not by the issuance of a Writ of Summons and Statement of Claim.”

Reporting by Wilberforce Asare in Accra

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