High Court Dismisses NDC’s Jurisdiction Objection in NPP’s Mandamus Application

The High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) challenging the court’s jurisdiction to hear a Mandamus application filed by the New Patriotic Party (NPP).

NDC’s Argument

• The NDC argued on Tuesday, December 31, that the NPP’s application was an attempt to challenge election results in constituencies where the NDC had been declared victorious.
• They claimed this bypassed the process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284), which requires election challenges to be filed through formal election petitions.

NPP’s Counterargument

• NPP lawyer Gary Nimako contended that the application was not an election petition but a request for the Electoral Commission (EC) to perform its constitutional duties.
• Nimako argued that since the election results had not been gazetted, the conditions for filing an election petition were not met.

Court Ruling

• Justice Forson Agyapong ruled in favour of the NPP, stating that the case did not constitute an election petition.
• The core issue, according to the judge, was the EC’s alleged failure to perform its constitutional duties, granting the court jurisdiction to hear the matter.

Context

• The Mandamus application stems from disputes over election results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central, where the NPP challenged the EC’s initial declarations in favour of the NDC.
• A prior Supreme Court ruling overturned a High Court decision that had mandated the EC to re-collate results, leading to the declaration of NPP candidates as winners in seven constituencies initially won by the NDC.

Next Steps

With the NDC’s objection dismissed, the High Court will proceed to hear the NPP’s Mandamus application, marking a significant step in resolving these contested election results.