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The High Court is set to deliver its ruling today, Saturday, January 4, 2025, on a mandamus application filed by the New Patriotic Party (NPP) regarding unresolved election results in the constituencies of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
The application comes after the court dismissed an earlier objection by the National Democratic Congress (NDC), which had challenged the court’s jurisdiction to hear the case.
NPP’s Argument
Lawyers for the NPP argued that the Electoral Commission (EC) must be compelled to complete the collation of results in these constituencies. Gary Nimako, who leads the legal team for the NPP candidates, highlighted that the EC failed to finalize the collation process between December 8, 2024, and January 1, 2025.
Describing the delay as “unreasonable,” Nimako stressed that constituents in the affected areas deserve clarity on the results and the winning candidates.
He also dismissed claims by the NDC that declarations had already been made, stating that there was no evidence to support this. Referring to video evidence presented in court, Nimako argued that the purported declaration in Tema Central was made by an individual other than the returning officer, violating electoral laws.
Citing Regulation 43 of C.I. 127, Nimako explained that results must be documented on Forms 1C and 1D of the Electoral Commission. He pointed out that the absence of these forms among the exhibits confirms that proper declarations were not made. Furthermore, he noted that the EC itself admitted the declarations occurred without completing the collation of polling station results.
EC’s Position
The Electoral Commission, represented by Justin Amenuvor, supported the NPP’s application and called on the court to compel it to fulfill its duties. Amenuvor acknowledged that collation processes in the constituencies remain incomplete. He warned that failing to issue such an order could set a dangerous precedent, enabling unlawful interference in future elections.
NDC’s Response
On the other hand, lawyers for the NDC candidates opposed the application. Representing the NDC, Godwin Tameklo argued that a key requirement for granting a mandamus is evidence of a demand that has been refused. He maintained that no such demand was made in this case.
Tameklo also referred to the video evidence, claiming it shows that a declaration was already made in Tema Central. He argued that any challenge to the validity of this declaration should be pursued through a petition rather than a mandamus.
The Court’s Decision
The court’s ruling today is expected to clarify the legal responsibilities of the Electoral Commission and set the framework for resolving disputes in the affected constituencies. The outcome will be closely watched, as it could establish significant precedents for handling electoral disputes in Ghana.
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