By Valentia Tetteh
The High Court in Accra is set to rule today, Saturday, January 4, 2025, on the mandamus application filed by the parliamentary candidates for four disputed constituencies in the December 7 elections. The constituencies in question are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
The NPP candidates are urging the court to compel the Electoral Commission (EC) to collate and declare the results for these constituencies, which the NDC claims have already been declared in favour of their candidates.
Arguing before the court on Wednesday, January 1, 2025, the lawyer for the NPP parliamentary candidates, Gary Nimako Marfo, contended that results from polls conducted at the 148 polling stations in Tema Central were announced and forwarded to the collation center on December 8. However, the collation could not be completed due to violence and threats.
He argued that it is crucial for everyone in the constituency, including the parliamentary candidates, to know the outcome of the elections. Citing relevant provisions in the Public Elections Act, 2020, Mr. Nimako Marfo stated that the returning officer is mandated by the EC to compile results from all polling stations, publicly declare the total number of votes for each candidate, and announce the candidate with the highest number of votes.
Mr. Nimako Marfo further contended that the NDC alleges that collation and declaration were conducted, but the affidavit in opposition filed by its parliamentary candidate, Ebi Bright, failed to attach copies of the parliamentary results collation forms and summary sheets. Instead, the party submitted a video recording of the declaration. He argued that this demonstrates the NDC’s tacit agreement with the applicant’s assertion that there was no proper collation of parliamentary results.
He also pointed out that Ebi Bright’s affidavit does not indicate the number of votes she polled or the number of polling stations she won. According to him, if the affidavit in opposition from the NDC and its parliamentary candidates is upheld, it could set a dangerous precedent for future elections. He emphasized that collation without incorporating results from all polling stations cannot be considered valid.
Counsel for the Electoral Commission, Justin Amenuvor, also prayed the court to issue appropriate orders to enable the EC to complete the collation process in the affected constituencies. He argued that the Supreme Court has already determined that the EC cannot be prevented from carrying out its constitutional duties. Mr. Amenuvor warned that failing to grant the appropriate orders could set a dangerous precedent for Ghana’s democracy, as neither the NPP applicants nor the NDC parliamentary candidates have provided Form 1C as proof that the EC’s work has been completed.
On the other hand, lawyers for the NDC opposed the mandamus application. One of the lawyers, Godwin Edudzi Tameklo, argued that the applicants’ contention that the declaration in Tema Central was made in breach of CI 127 is not a matter for a mandamus application but rather an election petition.
He contended that whether or not the collation and declaration were done according to the law cannot be addressed through mandamus. Instead, he stated, the applicants are essentially asking the court to set aside an earlier declaration they deem improper, which is not the purpose of this forum. Mr. Tameklo added that granting the application would render Article 99 of the Constitution and Sections 16, 17, 19, and 20 of PNDC Law 284 meaningless. He argued that the declaration has already been made, and Ebi Bright has been declared the winner.
Mr. Nimako Marfo, arguing for the NPP’s parliamentary candidate for Okaikwei Central, noted that a letter was sent to the EC demanding that it perform its duty, which the EC has not disputed. He maintained that when a body fails to fulfill a duty within the required time, mandamus is necessary to compel action.
During the hearing, video recordings of the declaration were played in court. In the recording, the returning officer stated that results from 110 out of 141 polling stations, including special voting, were declared, with Baba Sadiq obtaining 78 percent of the votes. Mr. Tameklo, however, opposed this submission, arguing that the purported letter by the applicant sought to revoke the declared results on the grounds of irregularities and coercion.
He concluded by maintaining that allegations of crime or fraud cannot be resolved through judicial review.
