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The High Court has dismissed the National Democratic Congress (NDC)’s preliminary objection to the court’s jurisdiction in hearing a Mandamus application filed by the New Patriotic Party (NPP).
On Tuesday, December 31, the NDC argued that the NPP’s application was an improper attempt to challenge election results in constituencies where the NDC had been declared victorious. They contended that the NPP had bypassed the formal election petition process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284), which requires election disputes to be resolved through petitions.
NPP lawyer Gary Nimako, however, refuted this claim, explaining that the Mandamus application was not intended to invalidate election results. Instead, it sought to compel the Electoral Commission (EC) to perform its constitutional duties. He further pointed out that since no results had been officially gazetted, the situation did not qualify as an election petition.
In his ruling, Justice Forson Agyapong sided with the NPP, stating that the case was not an election petition as the NDC argued. “The core issue is the Electoral Commission’s failure to fulfil its constitutional duty, and this court has jurisdiction to hear the matter,” the judge ruled.
The dispute stems from contested results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central. The NPP has challenged the EC’s initial declarations in these areas, which favoured the NDC.
Tensions escalated after a Supreme Court decision overturned a previous High Court ruling that had compelled the EC to re-collate results in the disputed constituencies. Eventually, the EC declared NPP candidates as winners in seven constituencies initially awarded to the NDC.
With the High Court’s dismissal of the NDC’s objection, the Mandamus application will proceed. This marks a critical step in resolving the ongoing disputes surrounding the election results.
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