NDC accuses High Court of bias in Re-Collation Order

The National Democratic Congress (NDC) has accused the trial judge who directed the Electoral Commission (EC) to re-collate election results in nine disputed constituencies of bias and procedural errors.

The High Court’s December 20 ruling, following a mandamus application by New Patriotic Party (NPP) parliamentary candidates, mandated the EC to re-collate results in areas where irregularities were alleged. The NPP had argued that discrepancies in the results required verification to ensure transparency and accuracy.

While some considered the ruling a reinforcement of the EC’s constitutional role in conducting credible elections, the NDC criticized it as controversial and legally flawed.

The EC has since carried out the re-collation in seven constituencies, but the processes for Dome/Kwabenya and Ablekuma North remain incomplete.

Speaking during Supreme Court proceedings on Friday, December 27, Godwin Edudzi Tamakloe, the NDC’s Director of Legal Affairs, claimed that the High Court ruling violated the principles of natural justice. According to him, the NDC was denied the opportunity to present its case, which he argued significantly influenced the outcome.

“Our ground for this application is that the orders made by the High Court were made in breach of the applicant’s rights to be heard. The further ground is that the trial judge demonstrated apparent bias and partiality,” Tamakloe stated.

He further alleged that the trial judge failed to adhere to critical procedural requirements. He highlighted a “non-jurisdictional error of law,” accusing the judge of neglecting Order 55 Rule 5 (2) of CI 47, which mandates that all parties with an interest in a mandamus application must be notified and given the chance to respond.

“There was a non-jurisdictional error of law by failing to exercise the court’s powers under Order 55 Rule 5 (2) of CI 47 to direct second to sixth interested parties to serve the mandamus application on the applicant who have interest in the dispute,” Tamakloe argued.

The NDC’s claims of judicial misconduct and procedural lapses have intensified the legal battle, with the Supreme Court’s eventual ruling expected to carry significant implications.

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