The Electoral Commission (EC) has filed an affidavit opposing the National Democratic Congress’s (NDC) application for a stay of execution in a legal matter concerning electoral processes.
The NDC recently sought a stay of execution following a court ruling that it argued could impact its political activities and operations.
However, the EC has pushed back, stating in its affidavit that the NDC’s application lacks merit and could potentially hinder the smooth execution of constitutional mandates.
The Commission asserts that the court’s ruling should remain enforceable while awaiting further legal determinations.
The case has drawn significant public and political attention, with both the EC and NDC engaging in a legal tug-of-war that could influence future electoral activities.
Background
The National Democratic Congress (NDC) filed an appeal and a stay of execution against a High Court ruling that directed the Electoral Commission (EC) to re-collate parliamentary results in four contested constituencies. The constituencies at the heart of the legal dispute, Tema Central, Ablekuma North, Okaikwei Central, and Techiman South are crucial to the composition of Ghana’s incoming Parliament.
On January 4, 2025, the High Court in Accra, presided over by Justice Forson Agyapong, granted the New Patriotic Party’s (NPP) application for a mandamus order. The ruling required the EC to finalize the collation of results from these constituencies and declare the outcomes by January 6, 2025. The court also instructed the Inspector General of Police (IGP) to ensure security during the collation process.
The NPP had argued that the EC’s initial declarations in these constituencies were incomplete and unlawful, citing evidence that results from several polling stations had not been included in the collation process. Justice Agyapong supported their claim, stating that the EC was obligated by law to collate results from all polling stations before declaring winners.
In his ruling, the judge emphasized that the NPP had met the legal criteria for a mandamus order, which requires proving that a public duty exists, that its performance was demanded and refused, and that failing to fulfill it caused substantial prejudice.
Hours after the ruling, the NDC’s Director of Legal Affairs, Godwin Edudzi Tameklo, announced the party’s decision to appeal. The NDC also filed a stay of execution to temporarily halt the EC’s compliance with the court order.
“We disagree with the court’s decision and have taken immediate steps to challenge it,” Tameklo stated. “This matter is far from over. The NDC is committed to pursuing all legal options available to us.”
The NDC contends that the EC’s actions were consistent with Ghana’s electoral laws and that the High Court erred in its interpretation of the issues presented. They argue that the incomplete collation in the affected constituencies does not justify nullifying prior declarations.
This legal tussle occurs against the backdrop of Ghana’s impending parliamentary session, set to begin on January 7, 2025. The four constituencies in dispute hold the potential to shift the balance of power in Parliament, with the NPP and NDC vying for dominance.
If the High Court’s ruling stands and the EC proceeds with re-collation, the NPP could gain an advantage, depending on the final results. Conversely, if the NDC’s appeal and stay of execution are upheld, the process may be delayed, leaving the representation of the constituencies in limbo.
As both parties await further rulings, Ghana’s political landscape remains uncertain. The ongoing legal battle highlights the high stakes involved in the December 7, 2024, parliamentary elections, with broader implications for the nation’s democratic system.
The eventual outcome of this dispute will not only determine representation for the contested constituencies but also set a critical precedent for managing electoral conflicts in Ghana.
