Ghana: High Court in Accra Dismisses NDC’s Objection to NPP’s Mandamus Application

national democratic congress (ndc) challenge to new patriotic party's (npp) legal petition (mandamus application)

A High Court in Accra has made a significant ruling today, January 1, 2025, by dismissing a preliminary objection raised by the National Democratic Congress (NDC) against the New Patriotic Party’s (NPP) mandamus application.

This application seeks to compel the Electoral Commission (EC) to collate and declare results for four contested constituencies: Okaikwei Central, Ablekuma North, Tema Central, and Techiman South. The court’s decision affirms its jurisdiction to hear the case, which is pivotal as it sets the stage for further legal proceedings regarding the disputed election results.

national democratic congress (ndc) challenge to new patriotic party's (npp) legal petition (mandamus application)

Photo of the Accra HIgh Court building

Justice Forson Baah Agyapong presided over the case and clarified that the NPP’s application does not constitute an election petition. The NDC had argued that the High Court lacked jurisdiction to entertain the mandamus application, claiming it was an improper attempt to challenge election results outside of established legal frameworks. However, Justice Agyapong emphasized that the matter falls under judicial review, allowing the court to ensure that the EC acts in accordance with the law.

National Democratic Congress (NDC) Challenge to New Patriotic Party’s (NPP) Legal Petition (Mandamus Application)

This ruling comes on the heels of a Supreme Court directive that required the High Court to reconsider the NPP’s application while ensuring that the NDC’s position as an interested party was duly considered. The Supreme Court’s earlier ruling had highlighted procedural flaws in how the case was initially handled, particularly concerning natural justice principles that necessitate hearing all parties involved before making a determination.

The implications of this ruling are far-reaching, especially as it allows for continued scrutiny of the electoral process in Ghana. The NPP has maintained that discrepancies in the election results warrant judicial intervention, while the NDC insists that any challenges should follow formal petition procedures as outlined in electoral laws. This ongoing legal battle underscores tensions between the two major political parties as they navigate post-election disputes.

As both parties prepare for further hearings, this decision marks a critical juncture in Ghana’s electoral landscape. Observers will be keenly watching how this case unfolds and what it means for future elections and electoral integrity in the country.

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