The High Court in Accra, presided over by Justice Forson Baah Agyapong, has granted an order of mandamus compelling the Electoral Commission (EC) to collate results from two outstanding polling stations in the Tema Central constituency. This directive must be executed by January 6, 2024.
The application was filed by Charles Forson, the New Patriotic Party (NPP) parliamentary candidate for Tema Central, who argued that the EC’s failure to complete the collation process undermined the electoral integrity.
The case also involved the National Democratic Congress (NDC) parliamentary candidate, Ebi Bright, as an interested party.
Background of the Case
The parliamentary elections, conducted in 148 polling stations within the constituency, were disrupted during the collation process on December 8, 2024.
The disruption, reportedly caused by thugs storming the collation center, forced election officials to relocate the process to the Tesano Police Training School.
Despite the relocation, the EC failed to collate results from the remaining two polling stations.
In his affidavit, Mr. Forson contended that the EC’s inaction violated its constitutional mandate to declare results that reflect the total will of the electorate.
He further claimed that the outstanding results could significantly impact the overall outcome of the election.
Court Ruling
Justice Agyapong ruled in favor of the applicant, emphasizing the EC’s legal obligation to perform its public duty of collating and declaring results.
The court noted that the failure to complete the process could not be justified, even under circumstances of disruption.
The court granted the following orders:
1. Mandamus: The EC is to collate the results from the two outstanding polling stations and declare the outcome accordingly.
2. Security: The Inspector General of Police (IGP) is directed to provide adequate security to ensure the collation process is conducted without intimidation or threats.
3. The court further ordered that the collation and declaration should be done by the returning officer.
The judge dismissed objections raised by the respondents and interested parties, stating that the EC’s previous declaration, allegedly made under duress, was procedurally improper and did not constitute a lawful completion of the electoral process.
Legal Representation
For the Applicant (NPP): Gary Nimako Marfo and nine other lawyers.
For the Respondent (EC): Justine Amenuwor.
For the Interested Party (NDC): Godwin Kudzo Edudzi Tamaklo, assisted by Seth Nyabba, Dr. Aziz Bamba, Dr. Dominic Akuritinga Ayine, and Marietta Brew.
