NDC files at SC to stay High Court order to re-collate declared parliamentary results

In a dramatic legal twist, the National Democratic Congress (NDC) has filed a fresh action at the Supreme Court to stay a High Court ruling that ordered the Electoral Commission (EC) to proceed with the re-collation of election results in constituencies where results had already been declared. This latest legal action seeks to invoke supervisory jurisdiction of the Supreme Court. African Editors sources have confirmed that the IGP Dampare George Akuffo Dampare has been duly served with the fresh court process. This new legal maneuver comes in the wake of heightened tensions surrounding the 2024 parliamentary elections, particularly in the Nsawam Adoagyiri Constituency in the Eastern Region, where disruptions during the collation process have led to controversy.

The National Democratic Congress (NDC) attempted to join the case by filing a motion for a joinder, but the Court dismissed the motion, ruling that the NDC lacked sufficient grounds for inclusion.

However, in an application filed at the Supreme Court, the NDC is seeking an order to quash the High Court’s ruling and restrain the EC from re-collating the results.

“The Court take notice that Godwin Kudzo Tamekloe Esq Counsel for the Applicant herein will move this Honourable Court for an order of stay of execution OR suspension of the orders of the High Court (General Jurisdiction 13), Accra, Coram Reverend Joseph Adu-Owusu Agyemang J dated 20 December 2024 pending the hearing of the Applicants’ application invoking the supervisory jurisdiction of the Honourable Court upon the grounds stated in the accompanying affidavit and for any further order(s) as the Honourable Court may deem fit.

The NDC argued that the High Court committed a non-jurisdictional error of law by failing to exercise its powers under Order 55 rule 5 (2) of C.I 47.

“The High Court committed a non-jurisdictional error of law by failing to exercise its powers under Order 55 rule 5(2) of C.I 47 to direct the 2nd to 6th interested parties to serve the mandamus applications on the Applicants who have interests in the subject of dispute: Error of law apparent on the face of the record which error of- law occasioned a substantial miscarriage of justice.”

The High Court in Accra, presided over by Justice Rev. Joseph Adu-Owusu Agyeman, ruled on December 20 that the EC must continue the collation of results in constituencies where voting had been completed. The Court also ordered the Inspector General of Police (IGP), Dr. Akufo-Addo George Dampare, to ensure that adequate security measures are in place to allow the EC to proceed with the collation without further interruptions.

The ruling stems from a judicial review application filed by six parliamentary candidates from the ruling New Patriotic Party (NPP) in constituencies across Ghana, including Nsawam Adoagyiri, Okaikwei Central, and Techiman South, among others. These candidates had applied for a writ of Mandamus, seeking to compel the EC to complete the collation of the election results in their constituencies and to direct the IGP to secure the collation centers. The Court’s order followed repeated disruptions to the electoral process by political party supporters, particularly in Nsawam Adoagyiri, where violent protests and confrontations with the police had halted the collation efforts.

In Nsawam Adoagyiri, the EC reported that its collation center had been overrun by hundreds of party supporters who obstructed the process and destroyed crucial election materials, including two ballot boxes and one BVD (Biometric Verification Device). By the time the disturbances forced the suspension of the process, the results from 100 out of 203 polling stations had been collated, but the final declaration could not be made.

Efforts to resume the collation on December 12, 2024, were again marred by disruptions. Though results from 143 polling stations had been compiled, political parties agreed to pause the process. However, no further progress was made, leading to the current judicial action.

While the EC maintains that the collation process was incomplete and must continue, the NDC has raised concerns over the legality of the re-collation process. The party has argued that individuals dissatisfied with the results in the contested constituencies should be allowed to go through the courts, as stipulated by law, rather than having the EC resume the process under contentious circumstances. The NDC has also voiced its disapproval of the IGP’s involvement in ensuring security at the collation centers, claiming that the situation has become politically charged.

Despite its objections, the NDC’s attempt to join the case through a motion for joinder was rejected by the High Court, which ruled that the party lacked sufficient grounds to be included in the matter.

At a press conference on December 19, the EC’s legal team, led by Justine Amenuvor, confirmed that the Commission had been served with the application to resume the collation process but had chosen not to oppose it. The EC has also requested government support to provide maximum security at the collation centers to avoid further disruptions.

The situation continues to be a highly contentious one, with the NPP and the NDC locked in a fierce legal battle. As the Supreme Court prepares to hear the NDC’s latest motion, all eyes are on the judiciary’s next move. The outcome of this case could have significant implications for the final declaration of the 2024 parliamentary election results, especially in the nine disputed constituencies, which have become flashpoints in the ongoing post-election crisis.

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