High Court to rule on NDC’s objection against application of mandamus on January 1

An Accra High Court has fixed First January 2025, to rule on a preliminary objection raised against the writ of mandamus filed against the Electoral Commission in its bid to collate Parliamentary elections in four disputed Constituencies.

This was after the National Democratic Congress (NDC) had raised a preliminary objection on the writ of mandamus filed by the New Patriotic Party (NPP) against the EC to collate Parliamentary results in four Constituencies.

The NDC, through its Counsel, Mr Godwin Edudzi Tameklo, argued that the mandamus application was an election petition in disguise and same was incompetent.

“I raise a preliminary objection for the incompetence of this application pursuant to Section 16 and 20 of the PNDC Law 284 as amended.

This is an election petition disguised as a mandamus application.” Mr Tameklo told the trial Judge, Justice Foson Baah Agyapong.

Mr Tameklo held that the NPP should have filed an election petition and not a writ of mandamus.

This is because in instances where candidates have been declared in an election rather came under an election petition.

Under Section 20 of the PNDC Law 284, Mr Tameklo contended that election of a candidate shall be declared void on an election petition if the High Court was satisfied that the election was marred by acts of intimidation, bribery and mistreatment.

“The instant application is a clever way to circumvent the proper hearing to be done by evidence in an election petition.

Mr Gary Nimako Marfo, Counsel for the New Patriotic Party, said the NDC objection should be based on point of law.

Opposing the objection, Mr Nimako Marfo argued that PNDC Law 284 quoted by Mr Tameklo had no repercussion on the application of mandamus since the results of disputed constituencies were yet to be gazetted.

According to him, the mandamus application is not here to cancel election results, for there is none to be cancelled.

“There is a public duty imposed on the Electoral Commission to conduct public elections and supervise same. Article 45 of the1992 Constitution makes it clear that the EC was mandated to conduct public elections, including collation and declaration of parliamentary results as to who won or lost.”

In a brief submission, Mr Justin Amenuvor, who represented the EC quizzed, “How does a person who has raised preliminary objection expect this court to say whether or not there has been a validly concluded election without going into the affidavit?”

A fresh application of mandamus application was filed by the NPP in respect of Tema Central, Techiman South, Ablekuma North and Okaikwei Central.

This was after the Supreme Court, in a unanimous decision, quashed the High Court order to collate parliamentary results for four constituencies.

The court in its ruling in an order of certiorari among others, held that the NDC should have been given a hearing in the writ of mandamus. 

Source: GNA

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