National Democratic Congress’ (NDC) Parliamentary Candidate for Tema Central, Ebi Bright, has filed a petition at the High Court in Tema to challenge the declaration of Charles Forson as Member of Parliament (MP) in the 2024 elections.
In her petition filed on Monday, January 27, 2025, the NDC candidate is asking the High Court to declare her the winner to reflect what was earlier declared on December 9, 2024.
She also raised some concerns with regards to the credibility of some three polling centres and proposed for a rerun in an alternative request.
The petition named Charles Forson, the EC’s declared winner of the election as the first respondent, the Electoral Commission (EC) as the 2nd Respondent, Ofosuhene Asante Manasseh, the Tema Metro Electoral Officer as the 3rd Respondent, the Tema District District Electoral Commission and the Clerk of Parliament as the 4th and 5th Respondent respectively.
It would be recalled that on January 4, 2025 the High Court ordered the EC to collate two outstanding polling centre results at the Tema Central constituency and declare results by January 6, 2025.
The Collation of the two centres ended up with New Patriotic Party’s Charles Forson as winner according to the EC after a Mandamus application.
Though the NDC PC and her lawyers made the points that their candidate was rather declared winner, the orders of the High Court has not been set aside despite a pending Certiorari application at the Supreme Court.
Fast forward, the NDC PC and her lawyers have initiated an election petition to challenge the results.
Charles Forson has since had his name published in the gazette and subsequently sworn in as MP for the area.
Declarations
The Petitioner on his petition is asking for the following reliefs;
“A Declaration that the Pelitioner is the validly elected Member of Parliament of the Tema Central Constituency pursuant to the declarations by the 2nd Respondent on Monday, 9th of January, 2025.
“A Declaration that the 2nd Respondent has no legal right to overturn the results of the Tema Central Constituency Parliamentary Elections as declared by the 1st Respondent on Monday, 9 December 2024, except by an order of a court of competent jurisdiction.
“A Declaration that the parliamentary election of the three (3) Polling Stations with Polling Stations codes C231111, C231707 and C231808 held in the Tema Central was not conducted in compliance with Regulations 39 and 43 of the Public Elections Regulation, 2020 (CI126) and the principles laid down by Regulations 39 and 43 of C.I.127.
“A Declaration that the 1st Respondent is not the validly declared Member of Parliament of the Tema Central Constituency.,” he requested from the Court.
Orders
Aside the four declarations, the Petitioner is seeking the following consequential orders.
“An Order directed at the 1st and 2nd Respondent to endorse the Petitioner’s name on the Writ specified in Form One B of the Schedule to the Public Elections Regulations,
2020 (C.I. 127)
An Order directed at the 1st and 2nd Respondents to gazette and inform the Clerk of Parliament that the Petitioner is the validly elected Member of Parliament for the Tema
Central Constituency.
An order setting aside the parliamentary election results of the Tema Central Constituency declaring the Is Respondent as Member of Parliament elect for non-compliance withRegulations 93 and 34 fohei Public Elections Reguaolitns, 20201CJ. 127).
An order seting aside the results of the three 3() Poling stations with Poling Station codes C231, C231707, and C231808 for non-compliance with Regulations 93 and34 of the Public Elections Regulations, 2020 (C.1.47).
Alternatively, the Petitioner is asking for “An order directed at the 2nd and 3rd Respondents to conduct are-run of the three (3) polling stations with Polling Station codes C231111, C231707, and C231808 in the Tema Central Constituency on account of the non-compliance with Regulations 39 and 43
of the Public Elections Regulations, 2020 (C.I. 127).
