High Court Dismisses NDC Objection in Mandamus Case Filed by NPP

The High Court has dismissed the preliminary objection raised by the National Democratic Congress (NDC) regarding its jurisdiction to hear a mandamus application filed by the New Patriotic Party (NPP).

The NDC had argued on December 31 that the application was an attempt by the NPP to challenge election results in constituencies declared in favour of the NDC without adhering to the proper procedures stipulated in sections 16 and 20 of the Representation of the People Law (PNDCL 284) as amended. These provisions require election results to be contested through formal election petitions.

However, the NPP’s legal counsel, Gary Nimako, countered the argument, stating that the mandamus application was not intended to invalidate election results.

Instead, he argued, the application aimed to compel the Electoral Commission (EC) to fulfil its constitutional obligations. Nimako further pointed out that the results in question had not yet been officially gazetted, a prerequisite for filing an election petition, and thus the case did not fall under the category of an election petition.

Justice Forson Agyapong, presiding over the case, upheld the NPP’s position.

In his ruling, he clarified that the matter at hand was not an election petition but a complaint about the EC’s failure to execute its constitutional duties. Consequently, the court has jurisdiction to hear the case.

The decision comes amid disputes over results from constituencies such as Okaikwei Central, Ablekuma North, and Tema Central, where the NPP has contested the EC’s initial declarations favouring the NDC.

This legal battle follows a Supreme Court ruling that overturned an earlier High Court decision granting the NPP’s request to compel the EC to recollate results in these constituencies.

Subsequently, the EC reviewed the cases and declared NPP candidates winners in seven constituencies that had initially been awarded to the NDC.

With the NDC’s objection dismissed, the High Court is set to proceed with the mandamus application, a key step in addressing the unresolved disputes over the 2024 parliamentary election results.