The High Court has dismissed a jurisdictional challenge raised by the National Democratic Congress (NDC) against a Mandamus application filed by the New Patriotic Party (NPP). The ruling paves the way for the court to hear the NPP’s demand for the Electoral Commission (EC) to fulfil its constitutional duties.
On Tuesday, December 31, the NDC argued that the Mandamus application was a veiled attempt by the NPP to dispute election results in constituencies declared in favour of the NDC, bypassing the proper legal process prescribed under sections 16 and 20 of the Representation of the People Law (PNDCL 284).
These provisions require election results to be contested through a formal election petition.
However, NPP lawyer Gary Nimako refuted this claim, asserting that the application was not aimed at overturning results but ensuring the EC fulfilled its constitutional obligations.
Nimako argued that since no results had been officially gazetted—an essential step before an election petition can be filed—the case could not be classified as an election petition.
Justice Forson Agyapong, in his ruling, sided with the NPP’s position, stating that the issue at hand was the EC’s failure to perform its constitutional duties, not the validity of the election results.
“This is not an election petition but a case seeking the enforcement of constitutional responsibility,” he emphasized.
The case stems from disputes in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central, where the NPP has contested initial declarations by the EC favouring the NDC.
These disputes gained prominence after a Supreme Court decision overturned an earlier High Court ruling compelling the EC to re-collate results, leading to the EC eventually declaring NPP candidates as winners in seven constituencies previously awarded to the NDC.
With the NDC’s objection overruled, the High Court is set to proceed with hearing the Mandamus application. This decision marks a critical juncture in the ongoing political and legal tussle over disputed parliamentary seats and sets the stage for further courtroom battles.
