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The National Democratic Congress (NDC) has raised allegations of bias and procedural errors against the High Court judge who directed the Electoral Commission (EC) to recollate election results in nine disputed constituencies.
The court’s ruling on December 20 followed a mandamus application filed by New Patriotic Party (NPP) parliamentary candidates, who claimed irregularities in tabulated results required verification for transparency and accuracy. While some hailed the decision as affirming the EC’s constitutional role to ensure credible elections, the NDC criticised the ruling as controversial and legally flawed.
The EC has so far complied with the directive in seven constituencies, leaving recollation for Dome/Kwabenya and Ablekuma North unfinished.
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During Supreme Court proceedings on December 27, the NDC’s Director of Legal Affairs, Godwin Edudzi Tamakloe, argued that the High Court’s decision breached principles of natural justice. He claimed the NDC was denied the opportunity to present its case, significantly impacting the ruling.
Tamakloe accused the trial judge of bias and procedural lapses, alleging a “non-jurisdictional error of law.” He argued that the judge ignored provisions of Order 55 Rule 5 (2) of CI 47, which mandates notifying and allowing interested parties to respond in mandamus applications.
“The orders made by the High Court were in breach of the applicant’s right to be heard. Furthermore, the trial judge demonstrated apparent bias and partiality,” Tamakloe stated in court.
The NDC contended that the failure to notify all relevant parties undermined the fairness of the proceedings. They emphasised that procedural requirements were not met, further complicating the legal dispute.
These accusations have deepened the ongoing legal battle over the disputed constituencies, with the Supreme Court’s eventual ruling expected to have significant implications for election-related jurisprudence in Ghana.
