The National Democratic Congress (NDC) has challenged the jurisdiction of the High Court to hear the mandamus application filed by the New Patriotic Party (NPP).
According to the Head of Legal Affairs of the NDC, Godwin Tameklo the application was an attempt at challenging the validity of the election results without using the right approach.
He stated that per sections 16 and 20 of the Representation of People Law, PNDCL 284 as amended, it is only by a petition that the results of an election can be challenged.
He contended that any attempt to do so through any prerogative writ such as a mandamus is a way of circumventing a proper hearing to be done by evidence.
He submitted further that the procedure of a petition outlined under sections 16 and 20 must take precedence over order 54 of C.I. 47 which makes room for judicial review applications such as this.
The New Patriotic Party (NPP), the National Democratic Congress (NDC), and the Electoral Commission (EC) were set to appear in court on Tuesday, December 31, to address disputes over the collation of results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central.
This development follows a Supreme Court decision that overturned an earlier High Court ruling, which had granted the NPP’s application compelling the EC to re-collate results in constituencies originally declared in favour of the NDC. Subsequently, the EC declared NPP candidates as winners in seven of these constituencies.
The court is expected to deliver its final verdict on the matter on Wednesday, January 1, 2024.
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Court to decide on collation of disputed constituencies today
