adverts
The High Court has set January 4, 2025, as the date to deliver its ruling on the mandamus application filed by the New Patriotic Party (NPP).
The application seeks to compel the Electoral Commission (EC) to complete the collation of election results in four constituencies: Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
This follows the court’s dismissal of a jurisdictional objection raised by the National Democratic Congress (NDC). The NDC had argued that the court lacked the authority to hear the case.
adverts
Gary Nimako, the lead lawyer for the NPP, contended that the EC had failed to complete the collation of results since December 8, 2024, a delay he described as “unreasonable.”
He emphasised that voters in the affected constituencies are entitled to know the results of the elections and the winning candidates.
Nimako disputed the NDC’s claim that declarations were made in the affected constituencies, citing a lack of evidence. Referring to video footage presented in court, he argued that the supposed declaration in Tema Central was made by an unauthorised individual, contrary to electoral regulations.
He also referenced Regulation 43 of C.I. 127, which mandates that results must be documented using official EC forms. According to Nimako, the absence of these forms from the evidence supports the NPP’s assertion that proper declarations were not made.
Representing the Electoral Commission, Justin Amenuvor aligned with the NPP’s position. He acknowledged that the collation process in the four constituencies was incomplete and urged the court to order the EC to fulfil its responsibilities.
Amenuvor warned that failure to do so could set a dangerous precedent, potentially allowing interference in future elections.
The NDC, however, opposed the application. Godwin Tameklo, the party’s lawyer, argued that a mandamus order requires evidence of a prior demand being refused, which he claimed was not the case here.
Tameklo also pointed to video evidence suggesting that a declaration had already been made in the Tema Central constituency.
He maintained that any challenges to the validity of such declarations should be pursued through an electoral petition, not a mandamus application.
