The High Court in Accra has overruled the National Democratic Congress’ (NDC) preliminary legal objection to the mandamus application seeking to compel the EC to collate the parliamentary results of four constituencies in the December 7 2024 elections.

In a ruling today, Justice Forson Baah Agyapong was of the opinion that the jurisdiction of the court had been properly invoked since the mandamus application was not a challenge to the validity of any declared parliamentary result.

He added that the court could entertain the judicial review seeking to compel the EC to undertake its constitutional duty of collating the results since the said results had not been gazetted by the EC. 

Flowing the ruling, the court will now proceed to go into the merit of the mandamus application after hearing arguments from lawyers of the various parties. 

Counsel for the interested parties, Godwin E. Tameklo had yesterday (Dec 31) raised the legal objection to the mandamus application and questioned the jurisdiction of the High Court to hear same. 

The crux of his argument was that the mandamus application in respect of Okaikwei Central, Tema Central, Techiman South and Ablekuma North was an election petition in disguise and same should not be entertained. 

According to him, where the election and the candidate had been declared in the various constituencies even before the mandamus application was filed, the right thing for the New Patriotic Party to do was to file an election petition and not a mandamus application. 

Grounding his arguments on  sections 16 (1) of the Representation of the People’s Law 1992 (PNDC Law 284) which states that, “the validity of an election to Parliament may be questioned only by a petition brought under this Part”. 

He added section 20 of the same law states that 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 or circumstances, whether similar to those specified in this Law or not, have so extensively prevailed that they may be reasonably supposed to have affected the result of the election. 

Mr Tameklo said all the issues raised in the various affidavits filed was to the effective that the election and the declaration that had been made was outwitted by general intimidation. 

“Whether it is right or wrong that is for the judge in an election petition to make a deee the determination and not a mandamus application.

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

“It is only sections 16 and 20 that the applicant herein can invoke if he has any question as to the appropriateness or otherwise of the said declaration,” he said. 

Applicant

Counsel for the applicant, Gary Nimako Marfo, who opposed the objection, Mr Tameklo’s arguments were  misconceived.

He said the provisions in the PNDC law quoted by counsel had no effect on the mandamus application since 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 none gazette.

“In conclusion, our prayer is that the respondent (EC) should perform its constitutional and statutory function under C.I 127 to comply collate and declare the winner of the parliamentary elections held on Dec 7, 2024,” he said. 

Counsel for the EC, Justin Amenuvor who took his turn to argue only asked, “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”. 

However Mr Tameklo replied saying the question was meant for a petition and not a mandamus adding, “The affidavit is what is required for a trial in an election petition”.