Justice Srem Sai, a member of the National Democratic Congress (NDC) legal team, has raised concerns about the legality of the Electoral Commission’s (EC) declaration of three New Patriotic Party (NPP) candidates as Members of Parliament-elect for the Okaikwei Central, Tema Central, and Techiman South constituencies.
The individuals at the centre of the controversy, Patrick Yaw Boamah, Charles Forson, and Martin Adjei-Mensah Korsah, were declared winners of their respective parliamentary seats following a collation of results directed by the High Court.
However, Justice Srem Sai described the process as constitutionally flawed and announced plans to take the matter to the Supreme Court to seek redress.
Speaking on the Citi Breakfast Show on Monday, January 6, Justice Srem Sai compared the current dispute to the case involving John-Peter Amewu during the 2020 Hohoe parliamentary election.
The Amewu case, which also revolved around the use of judicial review to influence election outcomes, remained a point of contention for both the NDC and the NPP.
Justice Srem Sai contended that the High Court, by ordering the collation of results for the constituencies in question, had overstepped its bounds
He also disclosed that the NDC would be filing a certiorari to quash the swearing-in of the three disputed MPs-elect.
“This case is almost the same as the Peter Amewu case where the NPP had used a judiciary review other an election petition to secure a result that affected an electoral result and we are saying that to the extent that the High Court ignored the decision of the Supreme Court which we know happened in 2020 and drew something contrary to that, we do not see why this decision will stand.
“And so this morning, we are filing a certiorari to quash the swearing-in. In the light of all these, I do not honestly, see how anybody will bless these three alleged MPs with any swearing-in this evening or tomorrow.
“We believe that it is an election issue and an election petition should have been used to procure whatever is happening. Since we respect the High Court’s judge’s decision, we think that the decision is wrong and ought to be corrected by the Supreme Court.”
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