The High Court in Accra has ordered the Electoral Commission (EC) to complete the collation of results in the constituencies of Tema Central, Ablekuma North, Okaikwei Central, and Techiman South by January 6, 2025.
The court also directed the Inspector General of Police to provide adequate and armed security during the collation exercises.
This decision follows the granting of mandamus applications filed by New Patriotic Party (NPP) candidates in the affected constituencies. The court’s ruling was based on the principles guiding mandamus applications, as outlined by Justice Forson Agyapong.
In his ruling, Justice Agyapong explained that for a mandamus application to succeed, the applicant must prove one or more of the following grounds: a lack or excess of jurisdiction, error of law on the face of the proceedings, failure to follow the rules of natural justice, or Wednesbury principles. He also emphasized the need to demonstrate that there was a public duty to be performed, a demand for that duty to be carried out, and substantial prejudice due to the failure to perform the duty.
In the case of Tema Central, the judge found that the EC had a duty to collate all results, and the failure to include two outstanding polling stations meant this duty had not been fulfilled. He ruled that a declaration by anyone other than the returning officer was not legally valid.
For Ablekuma North, Justice Agyapong noted that the EC’s decision to declare results based on 219 out of 281 polling stations was incomplete, as 62 polling station results remained uncollated.
Similarly, in Okaikwei Central, the judge found that the EC failed to perform its public duty by declaring results based on 110 out of 141 polling stations.
In the case of Techiman South, the EC was found to have declared results based on only 135 out of 282 polling stations.
The judge ordered that the outstanding polling station results in these constituencies be collated and added to the previously declared results before final declarations are made.
