An Accra High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) against an application filed by the New Patriotic Party (NPP), seeking an order compelling the Electoral Commission (EC) to collate and declare results for four disputed constituencies.
The constituencies in question are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
Presiding over the case, Justice Baah Forson Agyapong ruled in favour of the NPP.
He affirmed that the judicial review application was not an election petition and, therefore, the court’s jurisdiction had been properly invoked.
This ruling follows a directive by the Supreme Court, which ordered the High Court to reconsider the NDC’s objection to the NPP’s mandamus application.
In a 5-0 unanimous decision on Friday, December 27, the Supreme Court ruled that the NDC, as an interested party, should have been allowed to join the case since the outcome would directly impact the party.
The NDC had previously challenged the High Court’s jurisdiction, arguing that the NPP’s mandamus application was an attempt to contest election results without following the prescribed legal procedure.
According to NDC lawyer Godwin Edudzi Tameklo, sections 16 and 20 of the Representation of the People Law (PNDCL 284) stipulate that election results can only be challenged through a formal election petition.
He contended that the use of a mandamus application was a way to circumvent this legal process.
NPP lawyer Gary Nimako, however, countered this argument, asserting that the application was not an election petition but rather an effort to ensure the EC fulfilled its constitutional duties.
Nimako noted that no results from the disputed constituencies had been officially gazetted, which is a prerequisite for filing an election petition.
Therefore, he argued, the High Court had the jurisdiction to hear the matter.
Justice Agyapong agreed with the NPP’s position, stating that the case was centered on the EC’s failure to perform its constitutional obligations and was not a challenge to the declared election results.
He emphasized that the High Court was properly positioned to hear the application.
The case stems from broader disputes over the collation of results in nine constituencies, with allegations of irregularities in the process.
A previous High Court ruling directed the EC to re-collate results in some constituencies, including Ablekuma North.
This decision faced objections from the NDC, but the court justified its order, citing significant anomalies in the collation process.
The dismissal of the NDC’s objection paves the way for the High Court to proceed with hearing the NPP’s mandamus application.
This development marks a critical step in resolving the ongoing electoral disputes, which continue to highlight tensions in Ghana’s democratic processes.
