The Supreme Court in a unanimous 5-0 decision on Friday December 27, 2024 quashed the ruling of the High Court which ordered the re-collation and declaration of parliamentary results of Okaikwei Central,Techiman South, Ablekuma North and Tema Central which were initially declared in favour of the National Democratic Congress (NDC) Parliamentary Candidates. The apex court in its ruling also ordered a differently constituted High Court to rehear the mandamus application on the disputed results of these Constituencies by Tuesday, December 31, 2024.
A mandamus application is one filed in order to compel an administrative body to carry out a duty. This application was specifically filed regarding disputed parliamentary results by some members of the New Patriotic Party (NPP) to oblige the Electoral Commission to collate and declare the parliamentary election results in these constituencies.
This followed the hearing of an application by the NDC challenging the High Court’s decision, arguing that they were denied a fair hearing by the trial judge. Since the decision directly affects them, they asked the apex court to overturn it.
Partly granting the application of the NDC, the five-member Supreme Court panel chaired by Justice Gabriel Pwamang ruled that “it was plain to the trial judge that the clients of Mr. Godwin Edudzi Tamakloe stood to be affected by the proceedings in the mandamus application and the least he could have done was to grant them a hearing on the facts and the law upon which the application was brought regarding the disputed parliamentary results.”
Implications and Analysis
This recent ruling has effectively sent the disputed parliamentary results back to the High Court for rehearing under a new judge by December 31, 2024, meaning the case is far from over, and that neither party can claim a complete victory just yet.
In practical terms, the parliamentary results for the disputed constituencies, including Okaikwei Central,Techiman South, Ablekuma North and Tema Central will go back to the original declarations made by the Electoral Commission (EC) after the 2024 parliamentary elections. These results will remain valid until the High Court makes a final decision on the mandamus application despite the disputed parliamentary results.
The Supreme Court’s decision has effectively overturned the High Court’s decision that allowed the re-collation and canceled the re-collation of parliamentary results done at the Greater Accra Regional Office of the Electoral Commission on December 21, 2024. This means any actions taken based on that decision are no longer legally valid.
As the case heads back to the High Court for rehearing, Ghanaians, especially residents in these constituencies eagerly await the outcome. The proceedings, scheduled to take place by December 31, 2024, will determine the fate of the disputed parliamentary results and bring much-needed clarity to the electoral process.
