Mandamus application: Court throws out NDC’s jurisdictional challenge
The High Court has dismissed the National Democratic Congress (NDC)’s preliminary objection regarding the court’s jurisdiction to hear the Mandamus application filed by the New Patriotic Party (NPP).
On Tuesday, December 31, the NDC argued that the Mandamus application was an attempt by the NPP to challenge the election results in constituencies where the NDC had been declared victorious, without following the proper process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284) as amended.
These sections dictate that election results can only be contested through a formal election petition.
However, NPP lawyer Gary Nimako opposed the NDC’s objection, arguing that the application was not about invalidating the election results but rather about ensuring the Electoral Commission (EC) carries out its constitutional duties.
Nimako clarified that no results had been officially gazetted, which is a requirement before an election petition can be filed. Therefore, he argued, the case did not qualify as an election petition, and the court was competent to hear it.
In his ruling, Justice Forson Agyapong agreed with the NPP’s argument, stating that the case was not an election petition, as claimed by the NDC’s legal team. He emphasized that the core issue was the Electoral Commission’s failure to fulfil its constitutional duty, and as such, the court had the jurisdiction to hear the matter.
This development follows ongoing disputes over the collation of results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central, where the NPP has challenged the EC’s initial declarations in favour of the NDC.
The case has been a point of contention, especially after a Supreme Court decision overturned a previous High Court ruling that had granted the NPP’s application compelling the EC to re-collate results in these constituencies.
The EC eventually declared NPP candidates as winners in seven constituencies that had originally been declared in favour of the NDC.
With the dismissal of the NDC’s objection, the High Court will proceed with hearing the Mandamus application, which is seen as a crucial step in resolving the ongoing election disputes.
