An Accra High Court has concluded hearings on the contentious cases involving four parliamentary constituencies: Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
Judgment on the matters has been scheduled for Saturday, January 4 at 12pm following intense legal arguments from the New Patriotic Party (NPP), National Democratic Congress (NDC), and the Electoral Commission (EC).
In the case of Tema Central, counsel for the NPP, Gary Nimako, argued that the collation process was incomplete and chaotic, with two polling stations unaccounted for in the purported declaration of results.
He asserted that the NDC, which claims victory, failed to produce pink sheets confirming the declaration.
The EC supported this position, asking the court to direct it to complete the collation process.
On the other hand, NDC counsel Edudzi Tamakloe opposed the application, arguing that if the declaration was made in breach of election laws (C.I. 147), the proper recourse was an election petition, not a mandamus application.
He cited a letter from the NPP candidate acknowledging a declaration and stated that mandamus could not apply unless there was evidence of a demand made and refused by the EC.
The case for Okaikwei Central saw similar arguments. Counsel for Patrick Boamah of the NPP argued that they served a demand notice on the EC, demanding that a proper collation is done.
He contended that only 110 out of 148 polling stations were used to declare Baba Sadiq of the NDC as the winner.
The EC reiterated its position, urging the court to direct it to complete collation and that only 78 percent of the polling stations were accounted for in declaring the results.
Mr Tamakloe, representing the NDC, countered that Mr Boamah’s letter to the EC acknowledged a declaration and sought revocation of results, an action that can only be pursued through an election petition.
He argued that mandamus was not applicable since the EC had already performed its duty, albeit allegedly improperly.
For the remaining constituencies, Gary Nimako requested the court to consider the applications based on submitted documents and evidence.
The EC did not object but urged the court to thoroughly review all materials, including video evidence.
The NDC insisted on presenting separate arguments for these constituencies, stating that crucial issues needed to be addressed independently.
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