The High Court will today, January 4, 2025, issue a landmark ruling on the New Patriotic Party’s (NPP) application for a mandamus order, seeking to compel the Electoral Commission (EC) to complete the collation of election results in the constituencies of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
The application highlights significant delays in the collation process, which the NPP argues have left constituents without clarity on the winners of the December 7, 2024, elections.
The ruling follows the court’s dismissal of an objection by the National Democratic Congress (NDC), which had questioned the court’s jurisdiction.
The hearing has brought to the forefront conflicting narratives about the status of the election results in the affected constituencies.
- Delay in Collation: Gary Nimako, leading the NPP’s legal team, accused the EC of failing to perform its statutory duty by not completing the collation process nearly a month after the elections.
- Lack of Legal Declarations: Nimako disputed the NDC’s claim that results were declared, pointing to video evidence suggesting irregularities. He emphasised that results must be officially documented on Forms 1C and 1D, which were absent in this case.
- EC’s Admission: The NPP highlighted the EC’s acknowledgement that declarations in some constituencies occurred without proper collation, describing this as a breach of electoral law.
The EC, represented by Justin Amenuvor, aligned with the NPP’s demand for a mandamus order. Amenuvor admitted that the collation processes in the disputed constituencies were incomplete, urging the court to compel the Commission to fulfil its legal obligations. He warned that inaction could undermine future elections by normalising procedural lapses.
- Challenge to Mandamus Grounds: The NDC, represented by Godwin Tameklo, argued that the NPP failed to meet the prerequisites for a mandamus order, particularly the requirement for a formal demand that had been refused.
- Validity of Declarations: Tameklo maintained that declarations were already made, citing video evidence from Tema Central. He argued that disputes over these declarations should be addressed through election petitions, not a court-ordered mandamus.
The court’s decision will have far-reaching consequences for Ghana’s electoral processes, determining the extent of the EC’s accountability and the legal framework for resolving disputed election results.