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The High Court in Accra has scheduled Wednesday, January 1, 2025, to deliver its ruling on the National Democratic Congress’ (NDC) preliminary legal objection to a mandamus application seeking to compel the Electoral Commission (EC) to collate and declare the parliamentary results of four constituencies in the December 2024 elections.
The constituencies in contention are Okaikwei Central, Tema Central, Techiman South, and Ablekuma North.
Represented by counsel Godwin Edudzi Tameklo, the NDC argued that the mandamus application was effectively an election petition in disguise and fell outside the jurisdiction of the High Court.
adverts
Citing sections 16 (1) and 20 of the Representation of the People’s Law, 1992 (PNDC Law 284), Mr. Tameklo emphasised that any challenge to the validity of parliamentary elections must be made through an election petition.
He argued that allegations of general intimidation or misconduct affecting election results could only be adjudicated under this legal framework.
“This mandamus application is a clever way to circumvent the proper hearing to be done by evidence in an election petition,” Mr. Tameklo asserted.
Counsel for the applicant, Gary Nimako Marfo, countered the objection, describing it as misconceived. He argued that the cited provisions of the PNDC law were inapplicable as the results of the affected constituencies had not yet been gazetted.
Mr. Marfo explained:
“Section 16 of PNDC Law 284 can only be invoked when there is a gazette notification of the results within 21 days. As we speak, there are no results from the Tema Central Constituency, and there is no gazette.”
He urged the court to compel the EC to fulfil its constitutional duty under C.I. 127 by collating and declaring the parliamentary results.
Counsel for the Electoral Commission, Justin Amenuvor, questioned how the court could determine whether there was a validly concluded election without examining the affidavits submitted.
In response, Mr. Tameklo reiterated that such examination belonged in an election petition trial, not a mandamus application.
The court, presided over by Justice Forson Baah Agyapong, is set to determine the fate of the mandamus application and whether it can proceed as filed. The ruling will mark a significant moment in the ongoing legal contest surrounding the December 2024 parliamentary elections.
