Jean Mensa
In a significant development, an Accra High Court has directed the Electoral Commission (EC) to finalize the collation of results in four disputed constituencies: Tema Central, Ablekuma North, Okaikwei Central, and Techiman South.
The court’s order, issued by Justice Forson Agyapong, sets a deadline of January 6, 2025, for the EC to complete the collation process.
This ruling comes on the heels of mandamus applications filed by New Patriotic Party (NPP) candidates in the affected constituencies.
The applicants sought to compel the EC to fulfill its statutory obligation to collate and declare the results of the parliamentary elections held on December 7, 2024.
The EC’s failure to complete the collation process in these constituencies had sparked controversy and disputes over the election results.
In his ruling, Justice Agyapong emphasized that for a mandamus application to succeed, the applicant must demonstrate a lack or excess of jurisdiction, error of law, failure to observe the rules of natural justice, or violations of the Wednesbury principles.
The applicant must also show that a public duty exists, that a demand for the performance of this duty was made, and that there was significant prejudice caused by the failure to perform the duty.
A closer examination of the court’s findings reveals that the EC had not fulfilled its obligation to collate all results in the affected constituencies.
In Tema Central, for instance, two polling stations remained uncounted. The court ruled that any declaration made by someone other than the returning officer lacked legal validity.
Similarly, in Ablekuma North, the EC’s declaration of results from 219 out of 281 polling stations was deemed incomplete, with 62 polling stations left uncollated.
-BY Daniel Bampoe