Accra High Court Dismisses NDC’s Preliminary Objection, Hears NPP’s Application on Electoral Results
An Accra High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) against an application by the New Patriotic Party (NPP) seeking an order for the Electoral Commission (EC) to collate and declare results for four constituencies under dispute.
The affected constituencies are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
The presiding judge, Justice Baah Forson Agyapong, ruled on Wednesday, January 1, 2025, that the application for judicial review is distinct from an election petition, making the court’s jurisdiction applicable.
The court has now commenced hearings on whether the EC should proceed with the collation and declaration of results.
Supreme Court’s Earlier Directive
This development follows a directive from the Supreme Court for the Accra High Court to reconsider a mandamus application regarding the disputed constituencies.
In a unanimous 5-0 decision on December 27, 2024, the apex court noted that the presiding judge had erred by failing to hear the NDC’s legal arguments for joining the NPP’s mandamus application.
The Supreme Court emphasized that the NDC, as an interested party, had a right to be heard since the outcome of the ruling would affect them.
Background to the Dispute
The NDC had previously challenged a High Court ruling directing the EC to re-collate results in nine disputed constituencies.
Aggrieved parliamentary candidates from both the NDC and the NPP alleged anomalies in the collation process and filed a writ seeking fresh elections in the affected areas.
On December 20, 2024, Justice Joseph Adu Owusu Agyeman ordered the EC to re-collate results in Ablekuma North, citing irregularities.
This decision was made despite objections from NDC legal representatives led by Godwin Edudzi Tameklo, who argued that the results had already been declared.
However, the court found sufficient grounds to warrant a re-collation due to anomalies in the initial process.
