In a landmark ruling, a five-member panel of the Supreme Court of Ghana, presided over by Justice Gabriel Pwamang, has quashed a High Court order mandating the Electoral Commission (EC) to re-collate results for four disputed constituencies in the aftermath of the December 2024 general elections.
The ruling, delivered on December 27, 2024, addresses critical constitutional and procedural issues, including the right to a fair hearing.
The panel, which included Justices Prof. Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Anthony Kwofie, and Adjei Frimpong, determined that the High Court violated the constitutional rights of the National Democratic Congress (NDC) by failing to accord the party a fair hearing.
The constituencies affected by the Supreme Court’s decision are Okaikwei Central, Ablekuma North, Techiman South, and Tema Central.
“In our opinion, the cause of this application is whether, under the circumstances that the trial judge was faced with, he could have proceeded to determine the mandamus applications without hearing the applicants in the form of affidavit evidence and legal submissions on whether the case before him notwithstanding non-opposition by the electoral commission was a proper case for the grant of an order of mandamus.
“It is very clear to us that it was plain to the trial judge that the clients of Mr Godwin Edudzi Tamakloe stood to be affected by the proceedings in the Mandamus application. And the least he could have done was to grant them a hearing on the facts and the law upon which the application was brought.”
Justice Gabriel Pwamang – Presiding Judge
The panel held that the High Court judge erred by proceeding without granting the applicants the opportunity to argue their case fully, a step deemed essential given the constitutional elevation of the right to a hearing under Article 23.
Citing precedents such as Awuni v. West African Examinations Council (2003/2004) and Ex-Parte Hawa Yakubu, the Supreme Court underscored the sacrosanct nature of the right to be heard.
Justice Pwamang emphasized that even administrative bodies are bound by this principle, let alone a court of law.
“The interested party said that because Mr Godwin Edudzi Tamakloe was allowed by the trial judge to speak he was accorded a hearing. But you must realise that he was allowed to speak as a friend of the court as recorded by the judge himself and not as counsel for the applicants. This is an unfortunate misunderstanding of what amounts to a hearing in the Mandamus application of this nature.
“Hearing clearly required the applicants who have filed an affidavit in the matter and to have made legal submissions. In this case, none of that happened. So the trial judge violated the rights to a hearing of the applicants.”
Justice Gabriel Pwamang – Presiding Judge
Orders Issued by the Supreme Court
The Supreme Court issued several consequential orders: quashing High Court Mandamus Orders; the orders which directed the EC to re-collate results in Okaikwei Central, Ablekuma North, Techiman South, and Tema Central were quashed.
However, the High Court’s orders concerning Nsawam-Adoagyiri and Ahafo Ano North remain unaffected.
“Accordingly, the collation of results in the above constituencies by the electoral commission after 20th December 2024 on the orders of the court are hereby set aside. For the avoidance of doubt, the orders of the high court made in respect of Nsawam Aduogyiri and Ahafo Ano North are not affected by this order and in effect, those declarations stand.”
Justice Gabriel Pwamang – Presiding Judge
Mandamus Applications to be Reheard, Reassignment to a New Judge
The Supreme Court directed the High Court to reopen the mandamus applications, allowing the NDC to file affidavits and legal submissions. The filing timeline was abridged to two days, with hearings scheduled for December 31, 2024.
“In line with our conclusion on this application, we exercise our powers under Article 129(4) of the 1992 constitution and make an order pursuant to order 55 rule 65 to the effect that the applicant’s hearing is granted leave to file affidavits and statements of case in answer to the respective applications for Mandamus which have been quashed.”
Justice Gabriel Pwamang – Presiding Judge
To maintain the integrity of the adjudication process, the Supreme Court ordered that the remaining mandamus applications be assigned to a different High Court judge.
While the applicants’ requests for reliefs A1, A2, A4, and A5 were granted, reliefs A3 and A6 were refused, and reliefs B and C were dismissed. The Supreme Court’s decision reinforces the fundamental right to a hearing as a cornerstone of justice in Ghana’s legal framework.
The directive to reassign the mandamus applications to a new judge aims to ensure impartiality in the adjudication process. The ruling also highlighted the procedural rigour required in judicial reviews involving constitutional rights.
By quashing the High Court’s orders, the Supreme Court has provided an opportunity for a more comprehensive and balanced consideration of the issues surrounding the disputed constituencies.
The next steps involve the parties preparing their cases for the rescheduled hearings, with the outcome likely to have significant implications for the final determination of parliamentary seats in the affected constituencies.
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