In a landmark decision, the Supreme Court of Ghana has quashed the High Court’s mandamus orders directing the Electoral Commission (EC) to re-collate parliamentary election results in four constituencies.
The affected constituencies are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
This decision is a significant development in the ongoing electoral disputes, and it underscores the Supreme Court’s commitment to upholding constitutional rights and procedural fairness.
The Supreme Court’s decision was in response to an application by the National Democratic Congress (NDC) challenging the High Court’s orders.
The NDC argued that the High Court breached the rules of natural justice by failing to grant them a proper hearing before issuing the orders.
The NDC’s application was based on the grounds that the High Court’s failure to accord them a hearing was a fundamental breach of natural justice, and that the orders were procedurally flawed.
The Supreme Court, in a unanimous decision, held that the High Court’s failure to accord the NDC a hearing was indeed a fundamental breach of natural justice.
The Court emphasized the sacrosanct nature of the right to a hearing, citing Article 23 of the 1992 Constitution and the case of Awuni v. West African Examinations Council.
The Court also noted that the High Court’s decision to allow the NDC representative to make submissions as amicus curiae (friend of the court) did not satisfy the requirements of a proper hearing.
While the Supreme Court quashed the High Court’s orders in the four constituencies, it upheld the orders in respect of Nsawam and Ahafo Ano North constituencies.
The Court also granted leave to the NDC to file affidavits and statements of case in response to the applications, with an abridged timeline of two days.
The Court directed the High Court to hear the applications on December 31, 2024, to ensure that the electoral process is not unduly delayed.
-BY Daniel Bampoe