NDC Challenges High Court's Re-collation Orders in Supreme Court
The Supreme Court of Ghana is set to hear a landmark case today, as the National Democratic Congress (NDC) seeks to overturn a High Court ruling directing the Electoral Commission (EC) to re-collate parliamentary election results in six key constituencies. This case has the potential to significantly impact the parliamentary makeup and underscores ongoing tensions between the NDC and the ruling New Patriotic Party (NPP).
Background on the Dispute
The High Court’s ruling on December 20 granted successful mandamus applications filed by NPP parliamentary candidates for six constituencies: Tema Central, Nsawam-Adoagyiri, Ablekuma North, Ahafo Ano North, Techiman South, and Okaikwei Central. The candidates argued that re-collation was necessary to comply with electoral laws and finalize the results, which have been delayed since the December general elections. The High Court instructed the EC to complete the collation process and announce the results promptly.
This ruling, however, has sparked a strong response from the NDC. The party argues that the decision undermines principles of natural justice, as their candidates were not given an opportunity to present their positions before the court issued its orders. According to the NDC, the High Court failed to require the NPP applicants to notify opposing parties about the mandamus applications, a violation of Order 55 rule 5(2) of Ghana’s civil procedure laws (C.I. 47).
NDC’s Legal Argument
The NDC has filed a certiorari application with the Supreme Court, requesting that the High Court’s ruling be nullified. The party’s legal team contends that the directive for re-collation disregarded due process and denied their candidates a fair hearing. The NDC maintains that the re-collation process, as currently structured, is fraught with procedural irregularities that could compromise the integrity of the results.
Additionally, the party claims the EC’s actions could create a precedent for undue interference in Ghana’s electoral process. The NDC has called for a suspension of the re-collation until the Supreme Court resolves the dispute.
Electoral Commission’s Actions
The EC has defended its decision to re-collate results in nine constituencies, citing irregularities and concerns of duress during the initial collation process. Seven of these constituencies have completed re-collation, with NPP candidates declared winners. Results for Dome-Kwabenya and Ablekuma North remain unresolved.
The EC insists that re-collation is crucial to ensure transparency and restore public confidence in the electoral process. However, critics, including the NDC, argue that the EC’s rushed timeline and lack of transparency risk undermining these objectives.
Broader Implications
The Supreme Court’s decision will have significant political and legal ramifications. If the NDC’s challenge is upheld, it could call into question the validity of the High Court’s ruling and potentially stall re-collation efforts. Conversely, if the High Court’s orders are affirmed, it could bolster the NPP’s standing in Parliament and mark a victory for the EC’s approach to resolving electoral disputes.
Beyond the legal arguments, this case highlights the fragile trust in Ghana’s electoral processes and the broader political rivalry between the NDC and NPP. As the Supreme Court deliberates, the nation awaits a resolution that could either affirm or reshape the course of Ghana’s democracy.
Stay tuned for updates as this high-stakes case unfolds.
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