February 10, 2025

High Court Set to Rule on NPP’s Mandamus Application on January 4

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An Accra High Court is expected to deliver its ruling on January 4, 2024, regarding the mandamus application filed by the New Patriotic Party (NPP), concerning the election results in the constituencies of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.

This comes after the court dismissed an objection from the National Democratic Congress (NDC), which had questioned the court’s jurisdiction to hear the application filed by the NPP. The case revolves around the NPP’s demand for the Electoral Commission (EC) to be compelled to complete the collation of results in these constituencies where the election results remain inconclusive or disputed.

In his submission, Gary Nimako, lead counsel for the NPP, argued that citizens in these constituencies are entitled to know the final results and the officially declared winners. He disputed the NDC’s claims that results had already been announced, pointing out that there was no substantial evidence to support such declarations. Nimako also highlighted video evidence that suggested an unlawful declaration in the Tema Central constituency, which was made by someone other than the returning officer. He contended that this was a clear breach of the law. Additionally, he cited Regulation 43 of C.I. 127, which mandates that the EC complete its documentation of results on Forms 1C and 1D, ensuring the process is officially completed.

Representing the Electoral Commission, Justin Amenuvor admitted that the collation of results in the affected constituencies remains incomplete but emphasized that the EC should be allowed to finish the task. He warned that failing to issue an order compelling the EC to finalize the collation could set a dangerous precedent and lead to potential unlawful interference in future elections. The EC’s role, according to Amenuvor, is crucial in ensuring the integrity of the electoral process, and any delays in completing the process could undermine the confidence in the country’s election system.

The legal dispute centers around several constituencies where the NPP is challenging the initial declarations made by the EC in favor of the NDC. These include Okaikwei Central, Ablekuma North, and Tema Central. Previously, the High Court had ruled in favor of the NPP, ordering the EC to re-collate the results in these constituencies after the NPP claimed that the initial results did not reflect the true outcome of the elections. However, the Supreme Court later overturned that ruling, leading to the current application filed by the NPP to compel the EC to complete the collation process.

In the aftermath of the re-collation, the EC declared NPP candidates as winners in seven constituencies, including some that were initially declared in favor of the NDC. This shift in results has sparked controversy, with both parties disputing the legitimacy of the process. The NPP’s mandamus application seeks to compel the EC to finalize the collation of results in constituencies where disputes remain.

The outcome of this application is expected to have significant implications for the electoral process, especially as the EC’s ability to complete the results collation and the integrity of the election process itself are in question. The legal battle is seen as crucial for ensuring that the will of the people in these contested constituencies is accurately reflected and that the constitutional processes governing elections are followed.

With the ruling set to take place on January 4, all eyes are on the High Court as it prepares to decide whether the NPP’s request for a mandamus order compelling the EC to complete the collation will be granted. This decision is likely to shape the future of the election results in these constituencies and may have broader implications for the ongoing political landscape in Ghana.

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