The High Court has adjourned to January 4, 2025, to deliver its ruling on the mandamus application filed by the NPP in respect of Tema Central, Okaikwei Central, Techiman South and Ablekuma North.
This is after the court earlier rejected an objection by the NDC questioning the court’s powers to entertain the application in the first place.
Lawyers for the NPP side argued in court that the EC should be compelled to undertake collation.
Gary Nimako leading the team of lawyers for the NPP candidates argued that the application should be granted as the Electoral Commission has failed to complete collation of the results between 8th December 2024 and January 1, 2025.
Describing this as an unreasonable delay, Gary Nimako noted that constituents of the affected constituencies have a right to know the results and the winning candidate.
He contended further, that even though the NDC claims that declarations were made in the affected constituencies, there is no evidence to back this claim.
Reacting to a video in support of this, Gary Nimako explained that the said declaration was even made by someone other than the returning officer particularly in Tema Central, in breach of the law.
He submitted further that a reading of regulation 43 of C. I 127 indicates that evidence of the results is to be written on forms 1C and 1D of the Electoral Commission.
It was his view that absence of these forms in the exhibits buttresses their point that no declarations were properly done.
Gary Nimako further supported his case with the Electoral Commission’s acceptance that the declarations were made without complete collation of all polling station results.
The Electoral Commission supported the application and urged the court to order it to perform its duty.
Justin Amenuvor who represented the commission, noted that his outfit admits that the collation processes for the affected constituencies have not been completed. He warned that a contrary order will in future elections empower thugs to take over the electoral process.
Meanwhile, lawyers for the NDC candidates opposed the application. Godwin Tameklo in his arguments noted that a pre-requisite for a mandamus to be granted is for a demand to be made and refused.
He however contends that there was no such thing.
He further argued that video evidence presented in court suggests a declaration in the Tema Central case.
It was his opinion that any objection to the validity of the declaration must come by way of a petition and not by a mandamus.
Court dismisses NDC’s challenge against Mandamus application jurisdiction
