News
Recollation Saga: High Court Dismisses NDC’s Preliminary Objection
The court, presided over by Justice Baah Forson Agyapong, ruled that the application for judicial review was not an election petition, thus affirming that its jurisdiction had been properly invoked. This decision paves the way for the court to hear the substantive case on whether the EC should proceed with the collation and declaration of the disputed results.
An Accra High Court has dismissed a preliminary objection raised by the opposition National Democratic Congress (NDC) against an application by the ruling New Patriotic Party (NPP) seeking an order for the Electoral Commission (EC) to collate and declare results in four disputed constituencies.
The constituencies at the centre of the dispute are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
The court, presided over by Justice Baah Forson Agyapong, ruled that the application for judicial review was not an election petition, thus affirming that its jurisdiction had been properly invoked. This decision paves the way for the court to hear the substantive case on whether the EC should proceed with the collation and declaration of the disputed results.
Supreme Court’s Involvement
The development follows a directive from Ghana’s Supreme Court, which in a unanimous 5-0 decision on December 27, 2024, instructed the High Court to reconsider an earlier application filed by the NDC. The NDC had sought to be joined as an interested party to the NPP’s mandamus application, arguing that the outcome of the case would directly affect their interests.
The Supreme Court ruled that the High Court should have allowed the NDC’s legal team, led by Godwin Edudzi Tameklo, an opportunity to present their case.
Background
The case stems from anomalies cited during the collation of results in several constituencies following Ghana’s parliamentary elections. Aggrieved candidates from both the NDC and NPP filed writs seeking to compel the EC to address irregularities, including holding fresh elections in some constituencies.
In a related ruling on December 20, another High Court judge, Joseph Adu Owusu Agyeman, directed the EC to re-collate results in the Ablekuma North constituency. The court held that irregularities in the collation process justified a re-collation, despite objections from NDC lawyers who argued that results in the affected constituencies had already been declared.
The NPP’s application now under consideration seeks to extend similar directives to Okaikwei Central, Tema Central, and Techiman South.
Implications
The case has reignited tensions between Ghana’s two major political parties over electoral transparency and fairness. The outcome could significantly impact the balance of power.
Observers are keenly watching the proceedings, as they are likely to set a precedent for handling electoral disputes in Ghana.
The High Court is expected to deliver its ruling on the application in the coming days.
Source: GhanaFeed.Com
