February 11, 2025

NDC disputes High Court’s authority on NPP’s mandamus request

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The National Democratic Congress (NDC) has raised concerns about the jurisdiction of the High Court to hear the mandamus application filed by the New Patriotic Party (NPP), disputing the legality of the process and questioning whether the case should be handled by the court.

Godwin Tameklo, the NDC’s Head of Legal Affairs, has argued that the NPP’s attempt to challenge the election results through a mandamus application is a wrongful approach, as it does not follow the proper legal procedures established by law. He emphasized that according to sections 16 and 20 of the Representation of People Law (PNDCL 284, as amended), the only legitimate way to challenge the outcome of an election is by filing a formal petition, not through a prerogative writ such as mandamus. This, Tameklo contends, is a direct circumvention of the standard process which requires a full hearing based on evidence.

Tameklo further pointed out that sections 16 and 20 of the Representation of People Law clearly outline the procedures for contesting election results and should take precedence over the rules in Order 54 of C.I. 47, which provides guidelines for judicial review applications like the mandamus petition filed by the NPP. According to the NDC’s legal team, the proper procedure for challenging election results is a petition, and anything other than this is an attempt to bypass the legal system and the protections it ensures for electoral integrity.

This dispute has been triggered by a series of events following the December 2024 general elections, where tensions over the collation of results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central have intensified. The NPP, dissatisfied with the results, sought to compel the Electoral Commission (EC) to re-collate votes in some constituencies, particularly those that were initially declared in favor of the NDC.

In a significant legal development, the Supreme Court ruled to overturn a previous High Court decision, which had sided with the NPP’s request to force the EC to re-collate the disputed results. As a result of the Supreme Court’s intervention, the EC revised its decision and subsequently declared NPP candidates as the victors in seven constituencies that had previously been won by the NDC.

The legal battle is far from over, with the NPP, NDC, and the EC expected to return to court on Tuesday, December 31, 2024, to continue addressing the contested election results. The main issue at hand remains whether the court can or should intervene in the EC’s handling of the election outcome or if it should follow the due process outlined by the election law. The case is pivotal for both the NPP and NDC, as it could influence the final allocation of seats in Parliament and ultimately impact the balance of power within the country’s legislative body.

The NDC’s objection to the mandamus application is part of their broader strategy to protect the legitimacy of their victories and ensure that the electoral process is not undermined by what they see as procedural missteps. With the court set to deliver its final judgment on Wednesday, January 1, 2024, the outcome of this case is expected to have significant implications for the ongoing political landscape of Ghana, especially in terms of the final election results and the party’s position in Parliament. The resolution of this dispute will be closely watched by both the NPP and NDC supporters, as well as the general public, who continue to follow the legal and political developments closely.

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