Member of Parliament for Krachi East in the Volta Region, Michael Gyato will know on December 15, whether he can abort the process to recall him from the Ghanaian parliament house as the only New Patriotic legislator in the Volta Region.
Michael, a former District Chief Executive and now member of parliament, is facing a battle of his life to stop his representation by his contender in the December 2016 election, saying the election was consumed by irregularities and fraud.
A High Court in Ho, has since January be verifying the declaration sheets and studying the evidence from both the parties; the petitioner, Electoral Commission and Gyato Michael.
But Gyato through his Counsel, Lawyer Akoto Ampaw was quick at the last adjourned sitting to ask the court to stop the process, because to them the case is without merit. Rejecting the oral application in his ruling, Justice Baah argued that he is unable to grant them their wish until the case is looked into.
Yesterday, Friday 20/10/17 the Court, fixed December 15, 2017 for its judgment in the suit. His Lordship Justice Eric Baah fixed the judgement date, ten months after studying the arguments in the suit.
He, however, directed both lawyers to file their addresses before or on 21 November,2017 before the final date for judgement om December 15.
Mr. Wisdom Gidisu, a former legislator and defeated National Democratic Congress candidate in the 2016 general election (the petitioner) through his Lawyer, Cosmos Apengnuo had in an application sought the court to annul results from six polling stations and restrict his successor, Gyato Michael from holding himself as a member of parliament for the area until the final determination of the matter in issue.
Ruling on the application argued by Akoto Ampaw Esq. for first respondent/defendant, the court held that it was not for it to declare who a winner in an election is. Justice Eric Baah said the court was not clothed with the powers to restrict the member of parliament (Gyato Michael) just because a case was made against him, but until enough evidence is adduced to substantiate the claim.
Justice Eric Baah said it was in the interest of justice that the parties be to prove and or defend themselves since the issue at stake would affect their interests.
The Electoral Commission of the republic declared Gyato Michael as the duly elected member of parliament to represent the people of Krachi East on the ticket of the ruling New Patriotic Party(NPP) for the next four years.
Gyato had managed to unseat his closest contender and three-term legislator on the ticket of the opposition National Democratic Congress(NDC) for the area by a paltry forty-seven votes (47).
Lawyer Baffour Ashiah, representing the Electoral Commission, however, approached the court with a completely different declaration sheet from what the opposing parties have in their custody. Shocking is the fact that it is only the electoral commission that is mandated to issue carbonated declaration sheet(s) to contestants or their assigns, have absolutely a new set of documents on the constituency comparing the particulars from the Electoral Commission and the parties in dispute.
Akoto Ampaw, in response to the suit, alleged irregularities and fraud in the petition, and thus urge the court not to entertain same.
Wisdom Gidisu argues after court, that even one of the six polling stations results in dispute, if upheld by the court will mean that Gyato Michael ceases forthwith to hold himself as the legislator for the people of Krachi East.
If victory eludes Gyato Michael on December 15, what it would mean is that he (Gyato Michael) cannot return to parliament as member, while the ruling NPP would also be said to have lost its only representation in the Volta Region out of the total of twenty-six constituencies.
This is the second time the New Patriotic Party is winning a single seat in an electoral zone considered as a no-go enclave for opposition National Democratic Congress. It was Joseph Nayan under president John A. Kuffour. It is worth noting that Joseph Nayan, the then Deputy Regional Minister lost his seat Oti Bless, who is currently doing his second term in parliament.