High Court dismisses NDC's jurisdictional objection in mandamus case

An Accra High Court has dismissed the National Democratic Congress's (NDC) objection challenging the jurisdiction of the court to hear a mandamus application filed by the New Patriotic Party (NPP), according to a report by citinewsroom.com.

Justice Forson Agyapong, presiding over the case, ruled that the matter was not an election petition, as argued by the NDC's counsel, Godwin Tameklo.

He emphasised that the mandamus application does not fall within the framework of challenging the validity of election results under the Representation of People Law, PNDCL 284.

The NDC had argued that the application sought to invalidate election results through a procedure other than the prescribed election petition.

The report noted that Godwin Tameklo asserted that sections 16 and 20 of PNDCL 284 mandate that election results can only be contested via a petition, and that any reliance on judicial review, such as a writ of mandamus, circumvented the evidence-based approach outlined in the law.

He further argued that these statutory provisions should supersede Order 54 of C.I. 47, which allows judicial review applications.

The ongoing legal battle centers on disputed results in constituencies such as Okaikwei Central, Ablekuma North, and Tema Central.

The Supreme Court had earlier overturned a High Court ruling that favored the NPP, directing the EC to re-collate results in constituencies where initial declarations were made in favor of the NDC.

Following the re-collation, the EC declared NPP candidates as winners in seven constituencies, sparking the current controversy.

The application seeks to compel the Electoral Commission (EC) to re-collate results in contentious constituencies.

JKB/MA