The Accra High Court, presided over by Justice Forson Baah Agyepong, has deferred its ruling on the National Democratic Congress’s (NDC) preliminary objection to a mandamus application filed by the New Patriotic Party (NPP).
The adjournment pushes the highly anticipated decision to tomorrow, January 1, 2025. The NPP’s application seeks to compel the Electoral Commission (EC) to re-collate and declare parliamentary election results in Okaikoi Central, Ablekuma North, Tema Central, and Techiman South following the EC’s nullification of results in these constituencies over allegations of intimidation and duress.
Counsel for the NDC and its four parliamentary candidates, Lawyer Godwin Edudzi Tamakloe, fiercely opposed the mandamus application, asserting that it was essentially an election petition cloaked as a procedural motion.
In his oral submissions, Lawyer Edudzi Tamakloe underscored that the allegations cited by the EC, including intimidation and duress, are substantive matters governed by Sections 16 and 20 of PNDC Law 284.
These matters, he emphasized, require evidentiary proof through a proper trial process, not a mandamus application.“This case is an election petition, not a mere procedural application for mandamus. The issues raised are substantive and cannot be resolved without due judicial examination”, Mr. Tameklo argued.
NPP Responds with Confidence in Legal Process
Speaking on behalf of the NPP after the court proceedings, Hon. Alexander Kwamena Afenyo-Markin, MP for Effutu and Majority Leader in Parliament expressed confidence in the legal merits of their case.
He dismissed the NDC’s objections as unfounded, insisting that the EC had already nullified the contested results administratively and was simply carrying out its constitutional mandate.
“We have every patience for the law. A court process may be slow, but with surety, you will get the results when you know you are on firm grounds. What is it about this? Simply put, the electoral commission has emphasised that there is no such thing as a declaration of results in Okaikwe Central, Ablekuma North, Tema Central, and Techiman South.”
Hon. Alexander Kwamena Afenyo Markin, MP Effutu and Majority Leader
Hon. Afenyo Markin further expressed the ruling New Patriotic Party’s commitment to democratic principles and the rule of law, emphasizing the party’s willingness to adhere to the due processes.
He accused the National Democratic Congress of instigating violence aftermath of the 2024 general elections in most of the constituencies where the parliamentary election results had problems. “We firmly believe we will be victorious in the end. This is the NPP; we believe in the rule of law,” Hon. Afenyo-Markin added.
NDC Alleges Backdoor Tactics by the NPP
Meanwhile, Dr Rashid Tanko Computer, Deputy Director of IT and Elections for the NDC accused the NPP of resorting to “ambush tactics” to manipulate the EC into overturning results already declared by the EC’s returning officers.
“The EC has given those powers per the CI 127(2) to returning officers to collate, and declare parliamentary results. So that power rests with the returning officers. It doesn’t rest with the commissioners, Madam Jean Mensa and the other commissioners; they don’t have those powers.
“So when they finish their work and declare somebody a winner, and you are not satisfied, per the PNDC law 284 subsection 16 and 20. You go to the high courts and file a petition against those declarations with enough evidence so that the court can set aside the declarations.”
Dr Rashid Tanko Computer, Deputy Director of IT and Elections of NDC
Responding to claims that no official results were declared, Dr Tanko pointed to live media broadcasts from collation centres, asserting that the declarations were conducted transparently and in accordance with electoral regulations.
“Most media houses carried the declarations live. These were not done in someone’s bedroom; they happened at collation centres. If the NPP is dissatisfied, the proper course is to file an election petition in court with sufficient evidence, not seek mandamus to undo what has already been done.”
Dr Rashid Tanko Computer, Deputy Director of IT and Elections of NDC
With the court set to rule on the NDC’s preliminary objection, the legal and political stakes remain high.
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