February 11, 2025

High Court Wraps Up Hearings on Contested Parliamentary Constituencies; Ruling Scheduled for Saturday

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The High Court in Accra has concluded hearings on the legal disputes surrounding the results of four contested parliamentary constituencies: Tema Central, Okaikwei Central, Techiman South, and Ablekuma North. Following days of legal arguments from the governing New Patriotic Party (NPP), the opposition National Democratic Congress (NDC), and the Electoral Commission (EC), the court has set the date for its judgment, which will be delivered on Saturday at noon.

In the Tema Central case, the NPP’s lawyer, Gary Nimako, argued that the election collation process was incomplete due to several irregularities, including missing results from two polling stations. Nimako emphasized that these discrepancies were crucial and had prevented the proper declaration of the winner. He stated that the NDC’s claim of victory lacked proper supporting documents, such as the required pink sheets. Referring to Regulation 43 of C.I. 127, he pointed out that the Electoral Commission’s results should be documented on Forms 1C and 1D, which were missing in the evidence provided by the NDC. Nimako contended that this absence showed that the necessary declarations had not been properly made.

Representing the EC, Justin Amenuvor agreed with the NPP’s application, admitting that the collation process had not been fully completed. Amenuvor urged the court to order the EC to complete its responsibilities, warning that any failure to do so could create a dangerous precedent for future elections and compromise the electoral process. However, NDC lawyer Edudzi Tamakloe opposed the NPP’s request, asserting that the issue of irregular declarations should be challenged through an election petition and not a mandamus application. He referred to a letter from the NPP candidate that acknowledged the original declaration, arguing that the EC’s failure to act did not warrant a mandamus action.

In Okaikwei Central, NPP Member of Parliament Patrick Yaw Boamah contested the results by claiming that only 110 out of the 148 polling stations were included in the collation process when the NDC’s Baba Sadiq was declared the winner. According to Boamah, this amounted to only 78% of the polling stations and raised concerns about the accuracy of the final count. He called for the EC to finalize the results by including all the polling stations. On the other hand, Edudzi Tamakloe, representing the NDC, referenced a letter from Boamah acknowledging the declaration and requesting its annulment. He argued that an annulment could only be pursued through an election petition and that the current mandamus application was inappropriate for this matter.

For the constituencies of Techiman South and Ablekuma North, Gary Nimako urged the court to make its ruling based on the evidence presented, including documents and video footage that supported the claims of the NPP. The Electoral Commission raised no objections but asked the court to carefully consider all the evidence before making its decision. Meanwhile, the NDC emphasized the need for separate rulings on each constituency, pointing out that each case presented distinct issues that required individual attention.

The outcome of these disputes is crucial, as it could have significant implications for the composition of Ghana’s Parliament. The contested constituencies, if found in favor of the applicants, could shift the balance of power in Parliament. Given the high stakes involved, the judgment from the High Court on Saturday is eagerly awaited, as it is expected to shape the political landscape in these constituencies for the foreseeable future.

As the court prepares to deliver its ruling, all eyes are on the High Court to provide clarity on the electoral process and ensure that the parliamentary seats in question are properly adjudicated in accordance with the law.

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