The Accra High Court has rejected preliminary legal objections from four National Democratic Congress parliamentary candidates regarding disputed election results. The ruling, delivered by Justice Forson Baah Agyepong, maintains that mandamus applications from NPP contenders are valid legal procedures.
According to court documents, the NDC candidates – Ebi Bright of Tema Central, Baba Sadiq of Okaikwei Central, Christopher Beyere of Techiman South, and Awurabena Aubynn of Ablekuma North – had claimed the applications were disguised election petitions that violated PNDCL 284 sections.
The NPP applicants, represented by Charles Forson, Martin Kweku Adjei Mensah Korsah, Patrick Yaw Boamah, and Nana Akua Owusu Afriyie, defended their position, stating they merely sought to compel a public institution to fulfill its duties.
Justice Agyepong clarified that aggrieved parties can pursue judicial review before election results are officially gazetted. The court emphasized that these applications aim to ensure the Electoral Commission performs its public functions rather than challenge result validity.
The ruling establishes that multiple legal avenues exist for addressing election-related matters beyond traditional election petitions. The judge specifically noted that the court’s jurisdiction was properly invoked in this instance.
The Electoral Commission supported the court’s decision to overrule the objections. The case now proceeds to hear the NPP candidates’ applications, which seek to compel the EC to complete result collation and declaration in their respective constituencies.
This development marks a significant moment in Ghana’s electoral process, establishing precedent for pre-gazette result disputes. The court’s decision reinforces the distinction between mandamus applications and election petitions, providing clarity on available legal remedies in electoral disputes.
The matter continues as the court examines the substantive mandamus applications, with potential implications for future electoral result declarations and the broader democratic process in Ghana.