The High Court has adjourned to January 4, 2025, to deliver its ruling on the mandamus application filed by the NPP concerning the constituencies of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
This decision follows the court’s earlier dismissal of an objection by the NDC, which questioned the court’s jurisdiction to entertain the application.
Lawyers for the NPP argued that the Electoral Commission (EC) should be compelled to complete the collation of results in the affected constituencies. Gary Nimako, leading the team of lawyers for the NPP candidates, stated that the EC had failed to complete the collation process between December 8, 2024, and January 1, 2025.
Describing this delay as unreasonable, Nimako emphasized that constituents in these areas have a right to know the results and the winning candidates.
He further argued that while the NDC claims declarations were made in the affected constituencies, there is no evidence to support this assertion. Addressing video evidence presented in court, Nimako contended that the purported declaration in Tema Central was made by an individual other than the returning officer, which constitutes a breach of the law.
Nimako cited Regulation 43 of C.I. 127, which stipulates that results must be documented on Forms 1C and 1D of the Electoral Commission. He argued that the absence of these forms in the exhibits corroborates the claim that proper declarations were not made.
He also noted that the Electoral Commission itself acknowledged that the declarations were made without completing the collation of polling station results.
The Electoral Commission, represented by Justin Amenuvor, supported the NPP’s application and urged the court to order it to complete its duty. Amenuvor conceded that the collation processes in the affected constituencies remained incomplete. He warned that failure to issue such an order could set a dangerous precedent, potentially enabling unlawful interference in future elections.
Meanwhile, lawyers for the NDC candidates opposed the application. Godwin Tameklo, representing the NDC, argued that a prerequisite for granting a mandamus is a demand that has been refused. He maintained that no such demand had been made in this case.
Tameklo further referenced the video evidence, asserting that it indicated a declaration had already been made in the Tema Central case. According to him, any challenge to the validity of this declaration should be pursued through a petition, not a mandamus.
The court’s ruling on January 4, 2025, is expected to clarify the legal obligations of the Electoral Commission and the procedures for resolving electoral disputes in the affected constituencies.
Source: myghanadaily
