Sunday, February 23, 2025

Supreme Court Authorizes Substituted Service on Tema Central MP in Election Challenge

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Court Bailiff Service X
Court Bailiff Service X

Ghana’s Supreme Court has directed a substituted service of legal documents to Charles Forson, the New Patriotic Party (NPP) Member of Parliament for Tema Central, after multiple failed attempts to deliver them personally.

The move comes amid a heated legal battle over the disputed December 2024 parliamentary election results in the constituency.

On Friday, February 21, 2025, court bailiffs posted notices of a certiorari application — a legal bid to quash a prior court decision — on Forson’s residence. This action followed a February 6 appeal by lawyers for Ebi Bright, the National Democratic Congress (NDC) parliamentary candidate, who argued that Forson and other respondents had evaded personal service. Seth Nyaaba, Bright’s lead counsel, disclosed to the court that over three attempts to serve the documents had failed, prompting the request for alternative methods.

The case stems from Bright’s petition filed on January 22, 2025, challenging the Electoral Commission’s (EC) declaration of Forson as the Tema Central MP-elect. Bright alleges irregularities in the December 7, 2024, polls, including discrepancies in vote tallies. Her legal team is seeking to overturn a High Court order that mandated the EC to collate and declare results in four constituencies, including Tema Central, after initial delays.

In line with the Supreme Court’s ruling, the substituted service included posting copies of the application and related affidavits on the court’s notice board, Forson’s residence, Parliament’s legal department, and sending them via WhatsApp. The NDC has framed the case as critical to ensuring electoral accountability, while Forson’s camp has yet to publicly respond.

The dispute highlights lingering tensions over Ghana’s 2024 elections, praised internationally for their peacefulness but marred by localized legal challenges. Analysts suggest the Supreme Court’s intervention underscores the judiciary’s role in resolving post-election conflicts, particularly in closely contested constituencies.

As the case progresses, attention turns to whether the court will nullify the High Court’s directive or uphold the EC’s declaration. For now, the substituted service marks a procedural step in a saga testing Ghana’s electoral dispute mechanisms — and the patience of voters awaiting finality in representation.

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