The High Court will deliver its ruling on the New Patriotic Party’s (NPP) mandamus application against the Electoral Commission (EC) on Wednesday, January 1, 2025.
Presiding Judge Justice Forson Agyapong is set to decide the case, which stems from disputed parliamentary elections in four constituencies, prompting legal objections from the National Democratic Congress (NDC).
NDC lawyers argue the application is essentially an election petition disguised as a procedural request, citing the need for evidence under PNDC Law 284.
Counsel for the NDC, Edudzi Tameklo asserted that the case filed constitutes an election petition rather than a straightforward mandamus application.
However, NPP counsel Gary Nimako insists the application is procedurally sound and valid.
As a result, the EC declared NPP candidates winners in seven of these constituencies.
The NDC, dissatisfied with the re-collations, petitioned the Supreme Court, arguing that their candidates’ rights to natural justice had been violated because they were not given a hearing at the High Court.
The party had also accused the presiding judge of bias.
In its ruling, the Supreme Court agreed that the NDC candidates’ rights to natural justice had been breached and overturned the High Court’s decision.
However, the apex court found no evidence of bias on the judge’s part but directed that the case be reassigned to a new judge.