The High Court in Accra has dismissed (overruled) the preliminary legal objections from four Parliamentary Candidates of the National Democratic Congress (NDC) involved in the disputed election results.
The four – Ebi Bright,(Tema Central), Baba Sadiq, (Okaikwei Central) Christopher Beyere (Techiman South), and Awurabena Aubynn (Ablekuma North) per their objections through their lawyers said the Mandamus (compelling) applications from their contenders defective and ought not to be heard.
It was their argument that, the applicants respective application for mandamus was an election petition in disguised and that amounts to an abused of the process while pointing to Sections 16 and 20 of PNDCL 284.
Lawyers of the Applicants from the NPP – Charles Forson, Martin Kweku Adjei Mensah Korsah, Patrick Yaw Boamah vs Baba Sadiq and Nana Akua Owusu Afriyie responded to the objection and said their respective application was only to compel a public institution to perform its public functions.
The EC also urged the Court to overrule the objection.
Ruling on the objection on Wednesday, January 1, 2025, Justice Forson Baah Agyepong said any party that is aggrieved of an election result prior to it being gazetted can bring an application for Judicial Review.
It is the opinion and the understanding of Justice Agyepong that “apart from an election petition, there could be other processes to invoke the jurisdiction of the court on election,” which include an application for Mandamus.
The Court said the applications before it are not to challenge the validity of any results, but rather to compel the EC to perform its public duties.
While overruling the Preliminary Legal Objection, the judge said, “The jurisdiction of the court has been properly invoked.”
“I agree with the learned counsel for the applicants that this is not an election petition,” and until the results are published in the gazette, the applicants are properly before the court.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah who is at the Court, the Application from the four NPP PCs seeking to compel the EC to collate and declare results in their constituencies is being heard,
