BREAKING: NDC’s Objection Falls Flat as Court Grants NPP’s Mandamus Petition on EC’s Constitutional Role

The High Court has overruled the National Democratic Congress (NDC)’s challenge regarding its jurisdiction to hear the Mandamus application filed by the New Patriotic Party (NPP).

On December 31, the NDC argued that the application was an improper attempt to contest election results in constituencies where they were declared victorious. ]

The NDC contended that such challenges should follow formal election petition processes as specified in sections 16 and 20 of the Representation of the People Law (PNDCL 284), which govern the contesting of election results.

However, NPP’s lawyer, Gary Nimako, countered, stating that the case was not about invalidating the election results but ensuring the Electoral Commission (EC) fulfills its constitutional obligations.

Nimako clarified that, as the results had not yet been gazetted, the matter did not constitute an election petition, and therefore, the court had jurisdiction to hear it.

Justice Forson Agyapong sided with the NPP’s argument, confirming that the issue at hand was the EC’s failure to execute its duties, not the election results themselves. The court, therefore, had the authority to proceed with the case.

This development comes amidst a heated dispute over results in constituencies like Okaikwei Central, Ablekuma North, and Tema Central, where the NPP contests the EC’s original declarations in favor of the NDC.

The case follows a Supreme Court ruling that reversed a previous High Court decision which had ordered the EC to re-collate results in these constituencies. After the re-collation, the EC declared NPP candidates victorious in seven constituencies originally won by the NDC.

With the dismissal of the NDC’s jurisdictional objection, the High Court will now move forward with hearing the Mandamus application, which is central to resolving the ongoing election disputes.