The Supreme Court has adjourned the hearing until January 4, 2025 to decide on the NPP’s mandamus application for the Tema Central, Okaikwei Central, Techiman South and Ayburguma North constituencies. The decision follows the dismissal of an earlier appeal by the NDC, which questioned the court’s jurisdiction to hear the application.
The NPP’s lawyers argued that the Electoral Commission (EC) should be compelled to complete the counting of results for the affected constituencies. Gary Nimako, who leads the legal team for the NPP candidates, explained that the EC failed to complete the counting process between December 8, 2024 and January 1, 2025. Nimako described the delay as unreasonable, stressing that voters in these areas have a right to know the results and the winning candidates.
He further argued that the NDC claims that statements were made in the affected constituencies but there is no evidence of this. Nimako referred to the video evidence presented in court and argued that the statements in Tema Central were made by someone other than the Returning Police Officer, which is a breach of the law.
Nimako invoked C.I. Rule 43. 127 which states that results must be documented on the Electoral Commission’s Forms 1C and 1D. He argued that the absence of these documents in evidence supported the allegation that proper declarations had not been made.
He also pointed out that the Electoral Commission itself had admitted that declarations were made without fully collating the results at the polling stations.
The Electoral Commission, represented by Justin Amenubor, supported the NPP’s application and asked the court to order it to comply with its obligations. Amenubor acknowledged that the voting process in the affected constituencies has yet to be completed. He warned that failure to do so would set a dangerous precedent and could allow for unlawful interference in future elections.
Meanwhile, lawyers for the NDC candidates dismissed the application. Godwin Tamekuro, representing the NDC, argued that a prerequisite for the issuance of the order was the denial of the claim. He argued that no such request was made in the present case.
Tamekuro also referred to video evidence which he argued showed that a declaration had already been made in the Tema Central case. According to him, any challenge to the validity of the declaration should be pursued through a petition and not an order.
The court’s ruling on 4 January 2025 is expected to provide clarity on the Electoral Commission’s legal obligations and the procedure for the resolution of electoral disputes in the affected constituencies.
