The High Court in Accra has directed the Electoral Commission (EC) to complete the collation of results for the constituencies of Tema Central, Ablekuma North, Okaikwei Central, and Techiman South by January 6, 2025.
The court also instructed the Inspector General of Police to ensure adequate armed security during the collation process.
This ruling follows the approval of the mandamus applications filed by New Patriotic Party (NPP) candidates in the affected constituencies. The decision 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 demonstrate one or more of the following grounds: lack or excess of jurisdiction, error of law on the face of the proceedings, failure to observe the rules of natural justice, or breach of Wednesbury principles. Additionally, the applicant must show that a public duty was to be performed, that there was a demand for the duty to be fulfilled, and that the failure to do so resulted in significant prejudice.
In the case of Tema Central, the judge ruled that the EC had a responsibility to collate all results, and that the failure to include the results from two outstanding polling stations meant this duty was unfulfilled. He also stated that any declaration made by someone other than the returning officer was not legally valid.
For Ablekuma North, Justice Agyapong highlighted that the EC’s decision to declare results based on 219 out of 281 polling stations was incomplete, as 62 polling stations remained uncollated.
Similarly, in Okaikwei Central, the judge determined that the EC had not met its public duty by declaring results based on only 110 out of 141 polling stations.
In Techiman South, the EC was found to have declared results based on just 135 out of 282 polling stations.
The judge ordered that the outstanding results from these constituencies be collated and added to the previously declared results before final declarations are made.
