High Court to Rule on NDC’s Objection to Mandamus Application Over Parliamentary Results

The High Court in Accra has scheduled January 1, 2025, to rule on the National Democratic Congress (NDC)’s preliminary objection to a mandamus application seeking to compel the Electoral Commission (EC) to collate the parliamentary results for four constituencies in the December 2024 elections.

Presiding Judge Forson Baah Agyapong heard arguments from NDC counsel, Godwin Edudzi Tameklo, who argued that the mandamus application is a disguised election petition and therefore falls outside the High Court’s jurisdiction. Tameklo contended that the results for the constituencies in question—Okaikwei Central, Tema Central, Techiman South, and Ablekuma North—had already been declared, making the mandamus application inappropriate.

“The right course of action for the New Patriotic Party (NPP) was to file an election petition, not seek a mandamus order,” Tameklo said, referencing sections 16(1) and 20 of the Representation of the People’s Law 1992 (PNDC Law 284). He emphasized that an election’s validity can only be questioned through a petition under the prescribed legal framework. Tameklo further pointed out that the affidavits supporting the mandamus application contained allegations of general intimidation, which, according to him, should be dealt with in an election petition rather than a mandamus application.

In response, counsel for the applicant, Gary Nimako Marfo, countered that the provisions cited by Tameklo were not applicable, as the results for the contested constituencies had not yet been gazetted. “Section 16 of PNDC Law 284 can only be invoked when the results have been gazetted within 21 days, which has not happened in the case of Tema Central,” Marfo said. He urged the court to compel the EC to fulfill its constitutional duty to collate and declare the results, arguing that this was a matter that should be settled immediately.

The EC’s counsel, Justin Amenuvor, questioned the practical implications of Tameklo’s objection, asking how the court could determine the validity of the election results without reviewing the affidavit evidence. Tameklo countered that such issues should be examined within the context of an election petition, not a mandamus application.

As the legal arguments continue, the court will deliver its ruling on the matter on January 1, 2025. The outcome could have significant implications for how the electoral process is managed in the affected constituencies.