On January 4, The High Court Will Make A Decision About The NPP’s Mandamus Request
On January 4, 2025, the Accra High Court will make a decision regarding a mandamus application filed by the New Patriotic Party (NPP) to force the Electoral Commission (EC) to complete the compilation of the results of the parliamentary elections in the following four constituencies: Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
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The court rejected the National Democratic Congress’s (NDC) preliminary objection, claiming that the court lacked jurisdiction to hear the case, arguing that the NPP’s application was essentially an election petition disguised as a mandamus request, claiming that a mandamus order could not apply after results were announced. The court disagreed, affirming its authority to conduct judicial review to ensure the EC fulfills its legal duties.
NPP’s lead counsel, Gary Nimako, stressed the importance of compelling the EC to complete the collation process, arguing that voters deserve accurate results and clarity on the winning candidates. He presented video evidence suggesting that, in Tema Central, someone other than the designated returning officer made the declaration, violating electoral laws. Nimako referenced Regulation 43 of C.I. 127, which requires results to be recorded on official forms, arguing that their absence indicates the declarations were invalid.
The EC, through its lawyer Justin Amenuvor, supported the NPP’s position, admitting the collation in the constituencies was incomplete. He urged the court to direct the EC to fulfill its mandate, warning that failure to do so could set a harmful precedent, undermining future elections.
On the other hand, the NDC’s legal representative, Godwin Tameklo, opposed the application, arguing that a mandamus could only be granted if a prior demand had been refused, which he claimed had not happened. He also cited video evidence showing a declaration had already been made in Tema Central, asserting that any challenge to its validity should be pursued through an election petition rather than a mandamus application.
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The court’s decision is expected to provide clarity on the EC’s responsibilities and outline the appropriate mechanisms for addressing electoral disputes in the affected constituencies.