The High Court has dismissed the NDC’s preliminary objection against the court’s jurisdiction to hear the Mandamus application.
The NDC had argued that the application was an attempt by the NPP to seek a cancellation of the results without going through an election petition as outlined in sections 16 and 20 of the PNDCL 284, people representative law as amended.
Lawyers for the NPP candidates opposed the application, arguing that the case has nothing to do with the validity of the election. According to Gary Nimako, the plea of his clients is for the Electoral Commission to carry out its constitutional duty.
He contended that the case cannot be said to be an election petition as no results have been gazetted which is a condition precedent before instituting an election petition.
Trial Judge Justice Forson Agyapong in his ruling agreed with the plaintiffs that the case is not an election petition as argued by the counsel for the NDC.
He ruled further that in so far as the claim is for the Electoral Commission to undertake its duty, then the court is well within its jurisdiction to hear the matter.
NDC challenges High Court jurisdiction over mandamus application
