The High Court has rejected the National Democratic Congress (NDC)’s objection to its jurisdiction over a Mandamus application filed by the New Patriotic Party (NPP).
During proceedings on Tuesday, December 31, the NDC argued that the NPP’s application was an improper attempt to challenge election results in constituencies where the NDC candidates had been declared winners.
They contended that such disputes must follow the process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284), which require a formal election petition.
In response, NPP lawyer Gary Nimako dismissed this claim, stating that the application was not about overturning election results but about ensuring the Electoral Commission (EC) fulfills its constitutional mandate.
Gary Nimako argued that no election results had been officially gazetted—a prerequisite for filing an election petition.
He contended that the case was not an election petition but rather a matter of compelling the Electoral Commission (EC) to fulfill its constitutional duties.
In his ruling, Justice Forson Agyapong sided with the NPP, affirming that the case was not an election petition as claimed by the NDC.
He clarified that the core issue was the EC’s failure to perform its constitutional obligations, thereby confirming the court’s jurisdiction to hear the case.
This decision comes amidst ongoing disputes over the collation of results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central. The NPP had challenged the EC’s initial declarations in favor of the NDC in these areas.
The case has been contentious, particularly after the Supreme Court overturned a previous High Court ruling that had ordered the EC to re-collate results in the disputed constituencies.
Subsequently, the EC declared NPP candidates as winners in seven constituencies that were initially awarded to the NDC.
With the NDC’s objection dismissed, the High Court will now proceed with hearing the Mandamus application, marking a significant step in resolving the election disputes.
