February 10, 2025

Court Rejects NDC’s Challenge on Jurisdiction in Mandamus Application

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The High Court has ruled in favor of the New Patriotic Party (NPP), dismissing a jurisdictional objection raised by the National Democratic Congress (NDC) concerning the ongoing Mandamus application. The court’s decision, handed down on Tuesday, December 31, clears the way for the NPP’s case to proceed, marking a significant step forward in the legal dispute over election results.

The NDC had filed a preliminary objection arguing that the Mandamus application filed by the NPP was essentially an indirect challenge to the election results in constituencies where the NDC had been declared the victor. The NDC’s legal team contended that the NPP was bypassing the formal legal procedures for contesting election outcomes, as set out in sections 16 and 20 of the Representation of the People Law (PNDCL 284), which requires a formal election petition. The NDC argued that such a petition was the proper legal avenue for challenging election results and that the Mandamus application was a misguided attempt to undermine the process.

In response, the NPP’s lawyer, Gary Nimako, rejected the NDC’s objections. He argued that the Mandamus application was not aimed at challenging the election results directly, but rather sought to compel the Electoral Commission (EC) to perform its constitutional duties, which the NPP claimed had not been fulfilled. Nimako clarified that since the election results in question had not been officially gazetted—an essential step before an election petition can be filed—the application did not fall within the category of an election petition. As a result, the NPP’s legal team asserted that the High Court had the jurisdiction to hear the matter, which was centered on the EC’s alleged failure to carry out its constitutional responsibilities.

Justice Forson Agyapong, who presided over the case, sided with the NPP, dismissing the NDC’s objections and affirming the court’s jurisdiction. In his ruling, Justice Agyapong emphasized that the case did not involve an election petition, as the NDC had argued. Instead, he agreed with the NPP’s position that the issue at hand was the EC’s failure to execute its constitutional duties regarding the election process. Therefore, the court ruled that it was within its jurisdiction to proceed with hearing the Mandamus application.

The legal dispute centers on contested election results in several constituencies, including Okaikwei Central, Ablekuma North, and Tema Central, where the NPP has raised concerns over the initial declarations made by the EC that favored the NDC. The issue had been further complicated by a ruling from the Supreme Court, which recently overturned a High Court decision that had granted the NPP’s request for the EC to re-collate results in these constituencies. Following the Supreme Court’s ruling, the EC declared NPP candidates as the winners in seven constituencies that were previously declared in favor of the NDC.

With the NDC’s jurisdictional challenge dismissed, the High Court will now proceed to hear the substance of the Mandamus application. This case is viewed as a crucial part of the ongoing political and legal battle over the election results. The resolution of this matter could have significant consequences, particularly for the legitimacy of the election process and the role of the EC in ensuring transparency and accountability in the conduct of elections.

The outcome of this case will likely influence future election disputes in Ghana and may also set a precedent for how similar challenges are handled in the courts. The NPP has indicated that it will continue to pursue legal avenues to ensure that the election results in the contested constituencies are reviewed, and that the EC fulfills its constitutional obligations.

As the case moves forward, the political and legal tensions in the country are expected to remain high, with both major parties keenly watching the proceedings. The court’s decision could either provide clarity and resolution or open the door for further challenges depending on how the legal arguments unfold in the coming weeks.

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