Former Deputy Attorney-General, Alfred Tuah-Yeboah, has accused the Registrar of the Tamale High Court of “procedural lawlessness” in the handling of the Kpandai election dispute, following the service of court processes on Parliament.
Speaking on JoyNews’ Newsfile programme on Saturday, December 20, Tuah-Yeboah criticised the decision to serve Parliament with the processes despite an active appeal against the High Court’s annulment of the 2024 Kpandai parliamentary election.
He argued that filing a notice of appeal should have automatically suspended any enforcement actions stemming from the initial High Court ruling. “This is where the lawlessness comes in,” he stated.
According to the former Deputy Attorney-General, the Registrar should have understood that serving Parliament implied the matter was conclusively settled, which was not the case. “The Registrar of the Tamale High Court should have known that once the decision was appealed, you cannot go ahead and serve Parliament as if the matter had been conclusively settled.”
Tuah-Yeboah further explained that the service to Parliament initiated a series of events, including moves to declare the seat vacant and prepare for a rerun, which he described as a case of institutional overreach. He stressed that these actions undermined due process and respect for the appellate system.
“You don’t enforce a judgment that is under appeal. That is basic procedural law,” he added.
He welcomed the Supreme Court’s intervention to halt preparations for the Kpandai parliamentary rerun, describing it as a necessary step to restore order and prevent further constitutional breaches.
Tuah-Yeboah cautioned judicial officers and state institutions to exercise greater diligence in election-related matters, emphasizing that errors at any stage could have significant repercussions for Ghana’s democracy and public trust in the rule of law.
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