The High Court in Accra has adjourned its ruling on the New Patriotic Party’s (NPP) application, requesting a mandamus order to compel the Electoral Commission (EC) to finalize the collation and declare results for four parliamentary constituencies.
The ruling is now scheduled for January 4, 2025.
The four contested constituencies are Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
This case follows the court’s dismissal of an earlier objection from the National Democratic Congress (NDC), which argued that the court lacked jurisdiction to hear the application.
NPP’s Argument
Gary Nimako Marfo, lead counsel for the NPP, argued that the EC had failed to complete the collation process in the four constituencies between December 8, 2024, and January 1, 2025. He called the delay unreasonable and emphasized that voters had a right to know the results and the declared winners.
Nimako rejected the NDC’s claim that declarations had already been made, pointing out the absence of pink sheets and other mandatory election forms (Forms 1C and 1D under Regulation 43 of C.I. 127). He also presented video evidence showing an unauthorized individual allegedly declaring results in Tema Central, which he argued violated election laws.
Electoral Commission’s Position
Representing the EC, Justin Amenuvor supported the NPP’s application and urged the court to direct the EC to complete the collation process. Amenuvor acknowledged that the collation in the four constituencies was still incomplete and warned that failure to issue the required orders could set a dangerous precedent, opening the door for illegal interference in future elections.
NDC’s Objection
NDC counsel, Godwin Tameklo, opposed the application, arguing that a mandamus order was inappropriate since the EC had already carried out its duties, albeit allegedly improperly. He maintained that any dispute over the validity of the declarations should be resolved through an election petition, not by mandamus.
Tameklo referred to evidence, including a letter from NPP applicant Charles Forson, which acknowledged a declaration had been made but sought corrections. He also cited a 2020 precedent where the EC rejected requests for re-collation after results had been declared.
For Techiman South, Tameklo contended that allegations of fraud or falsification could not be addressed through judicial review and required an election petition. Regarding Ablekuma North, he pointed out that the NPP’s demand letter lacked proof of receipt by the EC.
Awaited Ruling
The court’s ruling on January 4, 2025, will address crucial legal questions about the EC’s responsibilities and the appropriate procedures for resolving electoral disputes. Legal observers are anticipating clarity on whether the court will compel the EC to complete the collation process or advise the parties to pursue their grievances through election petitions.
