The High Court has dismissed a jurisdictional challenge from the National Democratic Congress (NDC) regarding the Mandamus application filed by the New Patriotic Party (NPP).

On December 31, the NDC raised a preliminary objection, arguing that the application was an attempt to contest election results in constituencies where the NDC had been declared victorious, without following the formal process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284). These sections require that election results be contested through an official election petition.

However, NPP lawyer Gary Nimako countered, stating that the Mandamus application was not intended to invalidate election results but to compel the Electoral Commission (EC) to perform its constitutional duties. He clarified that the results had not yet been gazetted, a requirement for filing an election petition, and argued that the case was not about election results, but about the EC’s failure to act.

In his ruling, Justice Forson Agyapong sided with the NPP, agreeing that the case was not an election petition, as suggested by the NDC. He emphasized that the issue at hand was the EC’s failure to fulfil its constitutional obligations, and therefore, the court had jurisdiction to hear the application.

This decision follows ongoing disputes over the collation of results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central, where the NPP has challenged the EC’s initial declarations in favour of the NDC.

The case is particularly significant following a Supreme Court ruling that overturned a previous High Court decision, which had granted the NPP’s application for the EC to re-collate results in the contested constituencies. Ultimately, the EC declared NPP candidates as winners in seven constituencies that had initially been declared in favour of the NDC.

With the dismissal of the NDC’s objection, the High Court will now proceed with hearing the Mandamus application, which is seen as a critical step in resolving the ongoing election disputes.

Source:TheDotNews