The National Democratic Congress’ (NDC) lawsuit against the High Court’s directive for the Electoral Commission (EC) to compile and re-collect the parliamentary results in six constituencies will be heard before the Supreme Court on Friday, December 27.
On December 20, the EC was directed by the Accra High Court to finalize the election in six constituencies by compiling the results and announcing the winners in accordance with the nation’s electoral regulations.
Tema Central, Nsawam-Adoagyir, Ablekuma North, Ahafo Ano North, Techiman South, and Okaikwei Central were the six constituencies.
The court, which was presided over by Justice Rev. Fr. Joseph Adu Owusu Agyemang, ordered the Inspector-General of Police (IGP) to give the EC sufficient security at the collation centers so that the commission could carry out its responsibilities in addition to ordering the results to be compiled and the winners to be announced.
Following its upholding of various mandamus applications submitted by the New Patriotic Party (NPP) parliamentary candidates (PCs) for each of the six constituencies, the court issued the orders.
The NDC Application
Just four hours following the court’s decision, the NDC and its parliamentary candidates for the impacted constituencies filed a certiorari application with the Supreme Court in an attempt to overturn the High Court’s decision.
The NDC said in its Supreme Court application that the High Court had violated natural justice principles by denying its parliamentary candidates for the six constituencies a hearing prior to issuing mandamus orders for the EC to carry out the collation.
The application claimed that by not using its authority under Order 55 rule 5(2) of C.l 47 to order the second through sixth interested parties to serve the mandamus applications on the applicants who had interests in the matter at hand, the High Court had committed a non-jurisdictional error of law.
Re-collation
The EC had already stated that it will re-collect the parliamentary results of nine constituencies prior to the High Court’s order, citing the illegality of the earlier collations due to the fact that some were conducted under duress and contained incomplete declaration of results sheets (pink sheets).
Seven of the nine constituencies’ results were re-collected by the EC on December 21; all seven seats were won by the NPP parliamentary candidates.
Tema Central, Ahafo Ano North, Okaikwei Central, Techiman South, Obuasi East, Nsawam Adoagyiri, and Ahafo Ano South West are the constituencies.
The two seats that the EC has not yet re-collected are Dome-Kwabenya and Ablekuma North.
