High Court Rejects NDC’s Preliminary Objection on Re-Collated Results

The Accra High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) against an application filed by the New Patriotic Party (NPP). The application seeks an order compelling the Electoral Commission (EC) to re-collate and declare the results of four disputed constituencies.

The constituencies in question are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South. Following the dismissal of the objection, the court is now hearing arguments on whether the EC should proceed with the re-collation and declaration of results.

TV3’s court correspondent, Laud Adu Asare, reported on Wednesday, January 1, 2025, that Justice Baah Forson Agyapong ruled in favor of the NPP’s application, stating that the request for judicial review was not an election petition. He emphasized that the court’s jurisdiction had been properly invoked in the matter.

The Supreme Court had earlier intervened, directing the Accra High Court to reconsider the NDC’s motion to be joined to the NPP’s application. In a unanimous 5-0 decision on December 27, 2024, the Apex Court indicated that the presiding judge erred in failing to give the NDC legal representation a hearing, despite their status as an interested party affected by the ruling.

The NDC’s objection stemmed from a previous High Court directive instructing the EC to re-collate the results of nine disputed constituencies, including the four currently under review. The party argued that the results in these constituencies had already been declared, making the re-collation order unnecessary.

The legal dispute dates back to a writ filed by aggrieved parliamentary candidates from both the NDC and the NPP, who alleged irregularities in the collation and declaration of results during the parliamentary elections. The candidates sought an order compelling the EC to organize fresh elections in the affected constituencies.

On December 20, 2024, Presiding Judge Joseph Adu Owusu Agyeman ruled that the EC should proceed with re-collating the results for the Ablekuma North constituency. This decision was met with objections from NDC lawyers, led by Godwin Edudzi Tameklo, who argued that the declaration of results had already been completed. However, the court maintained that the alleged anomalies warranted a review of the results.

The latest ruling marks a significant step in resolving the contentious electoral dispute, as the court proceeds to hear substantive arguments on the matter. The outcome is expected to have far-reaching implications for the affected constituencies and the broader electoral process.

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