By Ashiadey Dotse
The National Democratic Congress (NDC) has questioned the authority of the High Court to hear a mandamus application filed by the New Patriotic Party (NPP).
Godwin Tameklo, the NDC’s Head of Legal Affairs, argued that the NPP’s application was an improper attempt to challenge election results without following the appropriate legal process.
He explained that under sections 16 and 20 of the Representation of People Law, PNDCL 284, election results can only be contested through a formal petition, not through a judicial review like a mandamus.
Mr. Tameklo added that using a mandamus application could bypass the thorough evidence-based process required for election disputes. He emphasized that the petition procedure under the law should take priority over Order 54 of C.I. 47, which allows judicial reviews.
The NPP, NDC, and the Electoral Commission (EC) are scheduled to appear in court on Tuesday, December 31, to address disagreements over election results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central.
This legal battle comes after the Supreme Court overturned a previous High Court ruling that compelled the EC to re-collate results in constituencies initially declared in favour of the NDC. Following this, the EC declared NPP candidates winners in seven constituencies.
The court is expected to deliver its final judgment on Wednesday, January 1, 2024.
