The High Court has scheduled January 4, 2025, to deliver its much-anticipated ruling on a mandamus application filed by the New Patriotic Party (NPP). This application centers on unresolved election results in four constituencies: Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
The case has captured national attention, given its potential to shape electoral accountability and transparency in Ghana. The court’s decision follows its dismissal of a preliminary objection raised by the National Democratic Congress (NDC). The NDC had argued that the court lacked the jurisdiction to entertain the application, but this objection was overruled, paving the way for the substantive hearing.
The NPP’s legal team, led by Gary Nimako, contended that the Electoral Commission (EC) has failed to fulfill its constitutional obligation to complete the collation of results in the constituencies in question. Nimako argued that this delay, spanning from December 8, 2024, to January 1, 2025, is unreasonable and undermines the democratic process. He stressed that constituents in these areas have a right to know the outcomes of the elections and to see their winning candidates duly declared.
Nimako also addressed claims by the NDC that declarations had already been made in the constituencies. He argued that there is no credible evidence to support such claims. Referring to video evidence presented in court, he pointed out that in the case of Tema Central, the declaration was made by an individual who was not the returning officer. According to him, this constitutes a breach of electoral regulations and raises serious questions about the integrity of the process.
To substantiate his arguments, Nimako cited Regulation 43 of C.I. 127, which mandates that election results must be documented on Forms 1C and 1D of the Electoral Commission. He noted that the absence of these forms in the exhibits presented in court strengthens the claim that proper declarations were not made. Additionally, he highlighted an admission by the Electoral Commission itself that declarations in the affected constituencies were conducted without completing the collation of polling station results.
The Electoral Commission, represented by Justin Amenuvor, threw its weight behind the NPP’s application. Amenuvor conceded that the collation processes in Tema Central, Okaikwei Central, Techiman South, and Ablekuma North remained incomplete. He argued that the court must order the EC to fulfill its duty, warning that failure to do so could set a dangerous precedent. Such a precedent, Amenuvor explained, could pave the way for unlawful interference in future elections and weaken public trust in the integrity of the electoral process.
On the other hand, the NDC’s legal team, represented by Godwin Tameklo, mounted a spirited defense against the application. Tameklo argued that the legal standard for granting a mandamus had not been met. He explained that for a mandamus to be issued, there must first be evidence of a demand that has been refused. In this case, Tameklo asserted, no such demand had been made.
He also referenced the video evidence presented in court, maintaining that it demonstrates a declaration had already been made in the Tema Central constituency. According to him, any challenges to the validity of such a declaration should be pursued through an election petition rather than a mandamus application. Tameklo insisted that the proper legal avenue for resolving disputes over election declarations lies in the filing of a petition, as prescribed by Ghana’s electoral laws.
As the court prepares to issue its ruling, expectations are high. The decision is expected to address critical legal questions about the obligations of the Electoral Commission and the procedures for resolving electoral disputes. Observers anticipate that the ruling will provide clarity on the EC’s responsibilities in ensuring the completion of collation processes and the proper documentation of election results.
For the constituents in Tema Central, Okaikwei Central, Techiman South, and Ablekuma North, the stakes are particularly high. The lack of finalized results has left them in a state of uncertainty, fueling frustration and calls for transparency. Political analysts have noted that the outcome of the case could influence voter confidence in future elections, making the court’s ruling a pivotal moment in Ghana’s democratic journey.
The implications of this case extend beyond the immediate constituencies involved. Should the court side with the NPP, it could set a precedent requiring the Electoral Commission to adhere strictly to collation procedures before making any declarations. This would serve as a safeguard against potential lapses in future elections. Conversely, a ruling in favor of the NDC’s position could underscore the need for political parties to pursue election disputes through petitions rather than mandamus applications.
Both the NPP and the NDC have expressed confidence in their positions as they await the court’s decision. The case has reignited discussions about the transparency and accountability of Ghana’s electoral processes, with civil society organizations and political commentators calling for reforms to prevent similar disputes in the future.
The ruling on January 4, 2025, will not only determine the immediate fate of the four constituencies but also serve as a critical benchmark for resolving electoral disputes in Ghana. As the nation watches closely, the decision is poised to shape the legal and political landscape, reinforcing the principles of fairness, transparency, and accountability in the democratic process.
This judgment is expected to resonate beyond the courtroom, influencing how election results are managed and contested across the country. For now, all eyes remain on the High Court as it prepares to make a ruling that could have far-reaching consequences for Ghana’s democracy.
