Embattled Eastern Regional Youth Organiser of the opposition National Democratic Congress Richard Etornam Nyarko popularly known as “Commander Blibo” is headed to the Apex Court of Ghana to seek justice.
The injuncted youth organiser has therefore filed Judicial Review Application at the Supreme Court invoking the supervisory jurisdiction of the apex court to quash the Ruling of the High Court in Koforidua which granted an injunction order against him and made further prejudicial pronouncements on the substantive matter.
The former Eastern Regional Youth Organiser of the NDC Emmanuel Okai Minta is in the Koforidua High Court challenging the credibility of the Regional youth organiser election held on November 11, 2022 at Nsawam St.Martins Senior High School which he lost to his then deputy Regional youth organiser Richard Etornam Nyarko with 52 votes as against 55.
According to the reliefs of Emmanuel Okai Minta , Constituency youth organisers their deputies and other youth executives making a total of six(6) 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 ought not voted.
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 Atiwa 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
In December 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 pronouncement that nullified the Eastern Regional Youth Organizer election even though the substantive case is yet to be determined.
This restrained Richard Etornam Nyarko from voting in the National youth conference held two days later.
The Judicial Review Application filed at the Supreme Court by Richard Etornam Nyarko is therefore intended 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 by the court, the High Court had no jurisdiction to decide the matter and deliver the 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 says 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.
He is also asking 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 is therefore seeking 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.
When contacted the lead counsel for the petitioner, Lawyer Isaac Minta Larbi of Okore Chambers, in Koforidua- Adweso he confirmed the action of his client’s but declined given further details
The Eastern Regional branch of the opposition NDC is struggling to operate due to multiple court cases against some of the new executives.
Apart from the Regional Youth wing, the Regional Chairman Mark Oliver Kevor is also facing lawsuit by his predecessor John Owusu Amankrah, JOWAK, who has injuncted him from operating as Regional chairman until suite challenging his election is determined.
Source:Mybrytfmonline.com/Obed Ansah
