NDC: Mandamus Application a “clever way” to avoid election petition

The High Court in Accra has scheduled 1 January 2025, to rule on the National Democratic Congress’ (NDC) preliminary objection to a mandamus application seeking to compel the Electoral Commission (EC) to collate the parliamentary results of four constituencies in the December 2024 elections.

Presiding over the case, Justice Forson Baah Agyapong heard arguments from counsel for the NDC, Godwin Edudzi Tameklo, who contended that the mandamus application is effectively an election petition disguised under another legal remedy and therefore falls outside the jurisdiction of the High Court.

NDC’s Argument

Mr. Tameklo argued that the mandamus application, which pertains to Okaikwei Central, Tema Central, Techiman South, and Ablekuma North, should not proceed because the elections and candidates for these constituencies had already been declared.

“The right thing for the New Patriotic Party to do was to file an election petition and not a mandamus application,” he asserted.

Grounding his arguments on sections 16(1) and 20 of the Representation of the People’s Law 1992 (PNDC Law 284), Mr. Tameklo stated:

“The validity of an election to Parliament may be questioned only by a petition brought under this Part.”

“The election of a candidate shall be declared void on an election petition if the High Court is satisfied that general bribery, general treating, general intimidation, or other misconduct… have so extensively prevailed that they may be reasonably supposed to have affected the result of the election.”

He further argued that issues raised in the affidavits supporting the mandamus application point to allegations of general intimidation. According to Mr. Tameklo, such matters should be determined through evidence in an election petition.

“This mandamus application is a clever way to circumvent the proper hearing to be done by evidence in an election petition,” he said.

Applicant’s Response

Counsel for the applicant, Gary Nimako Marfo, opposed the objection, describing Mr. Tameklo’s arguments as misconceived. He argued that the PNDC law provisions cited were inapplicable to the case, as the results of the affected constituencies had not been gazetted.

“We submit that section 16 of PNDC Law 284 can only be invoked when a condition precedent under section 18 of the same law has been fulfilled. That is to say, there ought to be gazette notification of the results within 21 days by the respondent. As we speak, there are no results of Tema Central Constituency, and there is no gazette,” he said.

Mr. Marfo concluded by urging the court to order the EC to fulfill its constitutional mandate under C.I. 127 to collate and declare the results of the parliamentary elections.

Electoral Commission’s Position

Counsel for the EC, Justin Amenuvor, questioned the practicality of the objection raised by Mr. Tameklo, asking, “How does the person who has raised the preliminary objection expect this court to say whether or not there has been a validly concluded election without going into the affidavit?”

Mr. Tameklo countered, stating that such an inquiry is appropriate for an election petition, not a mandamus application. He concluded, “The affidavit is what is required for a trial in an election petition.”

The court will deliver its ruling on the matter on 1 January 2025.

Reporting By Jonathan Ofori, Asaase Newsroom

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