High Court to Deliver Final Judgement on NPP’s Mandamus Application Today
The High Court is set to deliver its final ruling on January 1 regarding the mandamus application filed by the New Patriotic Party (NPP) against the Electoral Commission (EC).
The case, which has been closely followed due to the disputed results of parliamentary elections in four constituencies, is being presided over by Justice Forson Agyapong.
The NPP’s application seeks to compel the EC to take action on issues related to the contested election results.
However, the National Democratic Congress (NDC) has raised legal concerns, challenging the jurisdiction of the High Court to hear the application. On December 31, the NDC filed a legal objection, arguing that the proper legal channel for contesting election results is through a formal petition, not through a prerogative writ like mandamus.
Godwin Tameklo, the Head of Legal Affairs for the NDC, argued that the NPP’s approach was an attempt to bypass the established procedures for challenging election results.
According to Tameklo, sections 16 and 20 of the Representation of People Law, PNDCL 284 (as amended), specify that election results can only be contested through a petition, which requires the presentation of evidence in a formal court hearing.
He contended that using mandamus in this case was an attempt to circumvent the proper legal process.