In a significant development in Ghana's election dispute, an Accra High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) against the New Patriotic Party's (NPP) mandamus application. The NPP is seeking to compel the Electoral Commission (EC) to re-collate parliamentary election results in four disputed constituencies: Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
The NDC had argued that the NPP's application was essentially an election petition disguised as a mandamus request, claiming that once results have been declared, a mandamus order is inapplicable. However, the presiding judge disagreed, stating that the court's jurisdiction had been properly invoked for judicial review to ensure the EC acts in accordance with the law.
This ruling allows the court to proceed with hearing the substantive mandamus application. The NPP aims to have the EC re-collate results in the specified constituencies, citing alleged irregularities in the initial collation process. The NDC maintains that the results have already been declared, rendering re-collation unnecessary.
The NPP's application is based on the grounds that the EC failed to perform its statutory duty to collate and declare the results of the parliamentary elections in the disputed constituencies. The party argues that the EC's failure to perform its duty has led to a state of uncertainty, which can only be resolved through a mandamus order.
The NDC, on the other hand, argues that the NPP's application is an attempt to circumvent the proper procedure for challenging election results. The party claims that the NPP should have filed an election petition instead of seeking a mandamus order.
The High Court's decision to dismiss the NDC's objection paves the way for the court to hear the substantive mandamus application. The outcome of this case will have significant implications for Ghana's electoral process and the country's democracy as a whole.
In a related development, the Supreme Court is set to hear the NDC's election challenge. The party is challenging the results of the presidential election, which was won by the NPP's candidate. The outcome of this case will also have significant implications for Ghana's democracy and the country's electoral process.
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