Justice Srem Sai objects swearing-in of Patrick Yaw Boamah, Charles Forson, and Martin Adjei Mensah Korsah

The National Democratic Congress (NDC) legal team, led by Justice Srem Sai, has objected to the swearing-in of three New Patriotic Party (NPP) Members of Parliament-elect for the Okaikwei Central, Tema Central, and Techiman South constituencies.

The MPs-elect—Patrick Yaw Boamah, Charles Forson, and Martin Adjei Mensah Korsah—were declared winners following a controversial collation of results ordered by the High Court.

Justice Srem Sai has argued that the declaration process was riddled with legal and procedural irregularities. He insists that allowing the swearing-in to proceed would constitute a breach of constitutional and judicial processes, as key issues regarding the legality of their election remain unresolved.

The Electoral Commission (EC) conducted a recollation of results for the three constituencies based on a directive from the High Court. Following this exercise, the NPP candidates were announced as the victors. However, the NDC has challenged the validity of the recollation, claiming that it proceeded despite the pendency of a legal challenge.

Justice Srem Sai revealed that the NDC had filed an appeal for a stay of execution against the High Court order. This appeal, he said, was officially served on the Electoral Commission prior to the recollation process, effectively placing it under judicial review.

“I do not see why someone will say the swearing-in will happen, and I don’t think we should continue to entertain that because it is unlawful,” Srem Sai stated during an interview on the Citi Breakfast Show. “We appealed for a stay, and that has been served on the Electoral Commission.”

Srem Sai emphasised that under established legal principles, any action taken after a stay application has been filed and served on the relevant parties is considered invalid. He disclosed that the Electoral Commission had even filed an affidavit in opposition to the stay, underscoring the contentious nature of the case.

“Our point is that once you have a notice of a stay application, then you cannot, in any lawfulness, be conducting the recollation. If you continue to do that, you have breached the orders that the court has made,” he explained.

The NDC lawyer also contended that allowing the swearing-in of the three MPs-elect without resolving the legal dispute over their election results would undermine the integrity of the judiciary and set a dangerous precedent.

The NDC’s legal team maintains that the three MPs-elect should not be sworn in until the courts deliver a final ruling on the legality of their election. According to Srem Sai, the NDC is committed to ensuring that all electoral disputes are resolved in strict adherence to the law.

“It is in that frame that we are saying that the three MPs ought not to be sworn in. They should not be sworn in until such a time that the markings concerning their alleged election are resolved,” he said.