The Supreme Court has quashed a ruling by the Koforidua High Court injuncting Eastern Regional Youth Organizer of the opposition National Democratic Congress(NDC), Richard Etornam Nyarko.
The Apex Court also granted prohibition order against the High Court Judge from further sitting on the matter.
The Eastern Regional Youth and Women’s Organizer election held on November 11, 2022, at Nsawam-Adoagyiri saw Richard Etornam Nyarko then deputy Regional youth organizer defeat the incumbent Regional Organizer, Emmanuel Okai Minta with 55 votes as against 52.
However, Emmanuel Okai Minta proceeded to the Koforidua High Court on grounds that constituency youth organizers, their deputies and other youth executives making a total of six delegates from Afram Plains South and Atewa West were not eligible to take part in the election because the Functional Executives committee of the party had nullified the elections in the said constituencies in a press release.
Therefore, they ought not to have taken part in the election.
The plaintiff prayed the Koforidua High Court to place a perpetual injunction restraining Richard Etornam Nyarko from holding himself as Regional Youth Organizer or any other executive within the Regional executive committee until a fresh election is conducted.
A declaration that Atewa West and Afram Plains South illegally voted at the youth wing elections held on November 11, 2022, and an order to annul the Eastern Regional Youth wing election by virtue of the aforesaid infractions.
On December 8, 2022, the Koforidua High Court presided by His Lordship Nana Yaw Gyamfi Frimpong granted the injunction application against Richard Etornam Nyarko and went on to make a pronouncement that nullified the Eastern Regional Youth Organizer election even though the substantive case is yet to be determined.
The ruling of the court came less than 48 hours before the national youth organizer conference of the NDC held in Cape Coast in the Central Region on Saturday, December 10, 2022 hence Richard Etornam Nyarko could not take part in the election.
Again, he has since not been able to carry out his functions as Regional Youth organizer.
This compelled him to file Judicial Review Application at the Supreme Court praying the apex court to quash the ruling of the High Court in Koforidua claiming the judge erred when it proceeded to grant almost all the reliefs endorsed on the writ of summons when he was granting the injunction application which is something that is considered to be prejudicial in view of the fact that until the case in court has been fully heard, the High Court had no jurisdiction to decide the matter and deliver ruling against him in the manner that the court did.
Richard Etornam Nyarko in his Affidavit in Support of the Application invoking the jurisdiction of the Supreme Court further stated that the Koforidua High Court did not have the jurisdiction to do what it did for which reason the Supreme Court should bring up the order and quash it.
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He also prayed the Supreme Court to transfer the case to a different judge because having basically determined the matter, the High Court in Koforidua cannot be made to sit on the case again.
Richard Etornam Nyarko, therefore, sought an Order of Certiorari and Prohibition from the Supreme Court against the High Court in Koforidua to quash the Ruling and Order of the High Court and to Prohibit the High Court Judge from sitting on the case.
Delivering the ruling Tuesday, April 18, 2023, the five-member Supreme Court panel led by Justice Gabriel Scott Pwamang unanimously granted the reliefs by the plaintiff quashing the ruling of the High Court and prohibited the Judge from sitting on the case.
His Legal team headed by Lawyer Isaac Minta Larbi of Okore Chambers, in Koforidua- Adweso, and also Chairman of the NDC Legal Team, Eastern Region expressed gratitude to the court.