The High Court in Accra has adjourned to January 4, 2025, for its ruling on the New Patriotic Party’s (NPP) application seeking a mandamus order to compel the Electoral Commission (EC) to complete collation and declare results for four parliamentary constituencies.
The four disputed constituencies are Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
The case comes after the court dismissed an earlier objection by the National Democratic Congress (NDC), which argued that the court lacked jurisdiction to entertain the application.
NPP’s Argument
Lead counsel for the NPP, Gary Nimako Marfo, argued that the EC failed to complete the collation process in the affected constituencies between December 8, 2024, and January 1, 2025.
He described this delay as unreasonable, stressing that voters in these constituencies have a right to know the results and the declared winners.
Nimako disputed the NDC’s claim that declarations had been made in the constituencies, emphasizing the absence of pink sheets and other mandatory election forms (Forms 1C and 1D as per Regulation 43 of C.I. 127).
He cited video evidence showing an unauthorized individual allegedly declaring results in Tema Central, which he said violates election laws.
Electoral Commission’s Position
The EC, represented by Justin Amenuvor, supported the NPP’s application and urged the court to direct it to complete the collation process.
Amenuvor admitted that the collation in the four constituencies remained incomplete.
He warned that failing to issue the necessary orders could set a dangerous precedent, enabling illegal interferences in future elections.
NDC’s Objection
Counsel for the NDC, Godwin Tameklo, opposed the application, arguing that mandamus does not apply because the EC has already performed its duties, albeit allegedly improperly.
He maintained that any dispute over the validity of declarations must be resolved through an election petition, not a mandamus application.
Tameklo pointed to evidence, including a letter by one of the NPP applicants, Charles Forson, which acknowledged a declaration had been made but sought corrections.
He also cited a 2020 precedent where the EC rejected requests for re-collation after results were declared.
For Techiman South, Tameklo argued that allegations of fraud or falsification could not be resolved through judicial review and required an election petition.
Regarding Ablekuma North, he pointed out that the NPP’s demand letter lacked evidence of receipt by the EC.
Awaited Ruling
The court’s decision on January 4, 2025, is expected to address critical legal questions, including the EC’s obligations and the appropriate mechanisms for resolving electoral disputes.
Observers anticipate clarity on whether the court will compel the EC to complete the collation process or direct the parties to pursue their grievances through election petitions.
