The High Court in Accra has granted the application of the New Patriotic Party (NPP) seeking to compel the Electoral Commission (EC) to collate constituency results in the Tema Central Constituency of the Greater Accra Region.
The Court is delivering its ruling on the NPP’s mandamus application concerning the four constituencies of Tema Central, Okaikwei Central, Techiman South, and Ablekuma North.
In the case of Tema Central, Justice Forson Agyapong of the Accra High Court General Jurisdiction 2 said the EC did not collate the results from all the polling stations in the constituency before a winner was declared.
It also stated that the person who did the declaration of the winner was not the returning officer as mandated under the electoral laws.
The Judge also said there was evidence of demand on the EC and evidence that the EC had refused to act.
The judge thus ordered the Electoral Commission to collate the results of the two outstanding polling stations and add the same to the already collated results.
The court also ordered the Inspector General of Police (IGP) to provide adequate security for the EC to act.
Before this ruling, the NDC had insisted that its candidate, Ebi Bright won the election fairly.
The ruling follows the court’s earlier dismissal of an objection by the National Democratic Congress (NDC), which questioned the court’s jurisdiction to hear the application.
Initially, lawyers for the NPP argued in court that the Electoral Commission (EC) should be compelled to complete the collation of results in the affected constituencies. Gary Nimako, who leads the team of lawyers for the NPP candidates, said the EC had failed to complete the collation process between December 8, 2024, and January 1, 2025.
He cited Regulation 43 of C.I. 127, which stipulates that results must be documented on Forms 1C and 1D of the Electoral Commission. He argued that the absence of these forms in the exhibits corroborates the claim that proper declarations were not made.
He also noted that the Electoral Commission itself acknowledged that the declarations were made without completing the collation of polling station results.
The Electoral Commission, represented by Justin Amenuvor, supported the NPP’s application and asked the court to allow it to complete its duty.
Amenuvor conceded that the collation processes in the affected constituencies remained incomplete. He warned that failure to issue such an order could set a dangerous precedent, potentially enabling unlawful interference in future elections.
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