An Accra High Court has postponed its decision on a preliminary objection raised by the National Democratic Congress (NDC) against a mandamus application filed by the New Patriotic Party (NPP).
The ruling, initially expected on Tuesday, has been rescheduled to Wednesday, January 1, 2025, by Justice Baah Forson Agyapong.
The NDC’s objection centers on the High Court’s jurisdiction to hear the NPP’s application. According to Godwin Tameklo, the NDC’s Head of Legal Affairs, the application represents an improper attempt to challenge election results.
Tameklo cited sections 16 and 20 of the Representation of the People Law, PNDCL 284 (as amended), emphasizing that election results can only be contested through formal election petitions, not by prerogative writs such as a mandamus.
He argued that the mandamus application bypasses the evidentiary requirements critical to election disputes.
The ongoing legal battle involves contested parliamentary results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central.
The case took a significant turn after the Supreme Court recently overturned a previous High Court ruling that had compelled the Electoral Commission (EC) to re-collate results in favour of NPP candidates.
The apex court’s unanimous 5-0 decision on December 27 determined that the NDC, as an interested party, had been wrongfully excluded from the earlier proceedings.
The Supreme Court emphasized the importance of NDC’s participation, stating that the outcome of the mandamus application could directly impact the party. This directive reopened the case, allowing the NDC to argue their position before the High Court.
Disputes over the results arose from allegations of irregularities during the collation of parliamentary election results. Both the NDC and the NPP initially sought to compel the EC to conduct fresh elections in nine constituencies.
However, a December 20 ruling by Presiding Judge Joseph Adu Owusu Agyeman ordered the EC to re-collate results in Ablekuma North, citing significant anomalies.
The NDC’s legal team opposed this decision, maintaining that the results in question had already been declared.
This latest development underscores the complex and contentious nature of Ghana’s electoral disputes, highlighting broader concerns about the integrity of the election process in the affected constituencies.
All parties, including the EC, were present at Tuesday’s hearing, where the court’s decision to defer the ruling has left the nation awaiting clarity on the legal path forward.
