The Legal Director of the National Democratic Congress (NDC), Godwin Kudzo Edudzi Tamaklo, has described a mandamus application filed by members of the New Patriotic Party (NPP) as “incompetent.”
The mandamus application seeks to compel the Electoral Commission (EC) to declare election results for four constituencies: Tema Central, Techiman South, Ablekuma North, and Okaikwei Central.
Appearing before the High Court, presided over by Justice Forson Baah Agyapong, Mr. Tamaklo raised a preliminary objection to the application, arguing that it lacked legal basis and failed to evoke the proper jurisdiction of the court under sections 16 and 20 of the Representation of the People’s Law (PNDC Law 284), as amended.
“This is an election petition disguised as a mandamus application,” Mr. Tamaklo contended.
He explained that under Section 16 of PNDC Law 284, the validity of an election to Parliament can only be challenged through an election petition, which must address issues such as bribery, misconduct, intimidation, or other irregularities.
Citing depositions made by the EC in its affidavit, Mr. Tamaklo further argued that the results of the disputed constituencies had already been declared, making an election petition the only viable legal recourse.
“The application is incurably incompetent and fails to invoke the jurisdiction of this court,” he emphasized.
NPP’s Counterargument
Counsel for the applicants, Gary Nimako, refuted the objection, describing it as misconceived.
He argued that no results had been declared in the four constituencies, making the mandamus application appropriate to compel the EC to perform its public duty of declaring the results.
Mr. Nimako maintained that Section 16 of PNDC Law 284 applies only when results have been gazetted within 21 days, which, he claimed, had not occurred.
“The conduct of public elections, including the collation and declaration of results, is a constitutional duty imposed on the Electoral Commission,” he stated.
Electoral Commission’s Position
Representing the EC, lawyer Justine Amenuwor offered a concise response to the preliminary objection: “How does a person who has raised a preliminary objection expect this court to determine whether an election has been validly concluded without going through the merits?”
Court to Rule on January 1
After hearing arguments from all parties, Justice Agyapong adjourned proceedings, indicating that a ruling on the preliminary objection would be delivered on January 1, 2025.
