The High Court in Accra has instructed the Electoral Commission (EC) to complete the collation of results in the constituencies of Tema Central, Ablekuma North, Okaikwei Central, and Techiman South by January 6, 2025.
The court’s ruling came after it granted mandamus applications filed by New Patriotic Party (NPP) candidates in these constituencies. The court also directed the Inspector General of Police to provide adequate armed security during the collation process.
Justice Forson Agyapong, in his ruling, explained the requirements for a successful mandamus application. He noted that the applicant must prove specific grounds, such as a lack of jurisdiction, an error of law, failure to follow natural justice, or failure to perform a public duty.
He emphasized that the applicants must demonstrate that there was a public duty, a demand for its performance, and substantial prejudice due to its non-performance.
In the case of Tema Central, the judge found that the EC failed to fulfill its duty by not including results from two polling stations. He ruled that declarations made by anyone other than the returning officer were legally invalid.
Regarding Ablekuma North, the judge highlighted that the EC declared results with only 219 out of 281 polling stations, leaving 62 polling stations uncollated. In Okaikwei Central, he noted that the EC declared results based on just 110 out of 141 polling stations. Similarly, for Techiman South, the judge found that the EC had declared results based on 135 out of 282 polling stations.
The court ordered the EC to collate the remaining results from these constituencies and incorporate them into the previous declarations before issuing final results.
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Mandamus: Court directs EC to finalise Tema Central collation