Mandamus application –NDC, NPP battle in court

Godwin Tameklo, counsel for the National Democratic Congress (NDC), has refuted claims made by the New Patriotic Party (NPP) lawyers regarding the declaration of Ebi Bright as the winner of the Tema Central parliamentary election on December 7, 2024. The NPP had alleged that the declaration was made by someone other than an official of the Electoral Commission (EC).

In his response to the mandamus application, which seeks to compel the EC to finalize results in four constituencies, Tameklo pointed out that the NPP’s own applicant acknowledged in his affidavit that a declaration was made, even though it did not include results from two polling stations. To support this, he referenced a letter from NPP applicant Charles Forson, who had written to the EC, requesting that the Commission direct the returning officer to properly collate and declare results in accordance with the law.

Tameklo further argued that a legitimate declaration had already been made by the EC and that there was no need to re-collate the results. He emphasized that it was not the court’s role to determine the winner of an election, especially in the context of a mandamus application, which should not be used to address claims of election misconduct. He also noted that the application could set a dangerous precedent if the court were to entertain it.

Tameklo referenced a letter from the Minority Caucus dated December 21, 2020, which had requested the EC to re-collate results in disputed constituencies. In its response, the EC had stated that once results were declared, a dissatisfied party could not demand a re-collation. Tameklo questioned the legal basis for the EC to revisit and potentially re-declare results after the official declaration.

Earlier, NPP lawyers had argued that the collation process in the Tema Central Constituency could not be completed due to alleged intimidation. They claimed that the person who declared Ebi Bright as the winner was not the EC’s official returning officer. During the mandamus application at the High Court in Accra on January 1, 2025, Gary Nimako Marfo, representing the NPP, presented a video in court. The video showed an individual holding an A4 sheet, which Marfo claimed was not the EC’s returning officer, Mr. Kwesi Brobbey, but rather someone associated with Mr. John Nunoo.

Marfo argued that if the court were to accept the NDC’s position, it would set a dangerous precedent, allowing anyone to declare results at a collation center, even without the full results from all polling stations. He stressed that such actions would disenfranchise voters and undermine the electoral process.

In response, Justin Amenuvor, counsel for the Electoral Commission, urged the High Court to make the necessary orders to allow the EC to complete the collation process in accordance with the law. He warned that failure to do so could set a harmful precedent, opening the door for disruptive individuals to make unauthorized declarations, bypassing the proper legal procedures.