Four Parliamentary Candidates of the National Democratic Congress (NDC) involved in the disputed constituency election results have filed their respective processes to counter Mandamus Applications at the High Court.
This comes to comply with the Supreme Court orders for them to file their Statement of Case in two days from Friday after quashing an earlier orders of the High Court.
The four – Ebi Bright, (Tema Central), Baba Sadiq, (Okaikwei Central), Awurabena Aubynn, (Ablekuma Ablekuma North) and Christopher Beyere (Techiman Central) all filed their proccess ahead of the High Court hearing on Tuesday.
In their respective affidavits in opposition to challenge the Mandamus Applications, the four Candidates urged the Court to dismiss the Mandamus Applications from their New Patriotic Parties counterparts.
On December 20, the High Court granted the Mandamus Application from six NPP Parliamentary candidates authorising the EC to collate and declare six parliamentary results which were disputed.
That order has since been quashed by the Supreme Court, which then ordered for a fresh hearing of the Mandamus Applications from four of the six NPP Candidates.
The four are – Charles Forson (Tema Central), Patrick Yaw Boamah (Okaikwei Central), Martin Kweku Adjei-Mensah Korsah (Techiman South) and Nana Akua Owusu Afriye (Ablekuma North).
Ablekuma North
Awurabena Aubynn, who is the NDC’s PC at the Ablekuma North Constituency submitted among other things that, the Returning Officer of the EC has not made any case of assault or threat of harm on him.
“That all allegations of violence and threats at the collation centre in Ablekuma North in the Applicant’s affidavit in support are denied and that till date, there has not been any complaint of assault, battery or any threat of harm lodged by the Returning Officer of the Electoral Commission or the Commission with the Ghana police for that matter.
“That for the foregoing I pray that the Applicant’s application for mandamus is dismissed,” she concluded in her 35-paragraph affidavit in opposition filed on December 30.
Tema Central
For Tema Central- Ebi Bright who represented the NDC also contended that, “allegations of intimidation, fraud and duress are matters of fact and law which require evidence to be taken and that assignment is vested in the High Court under Section 20 of PNDCL 284 in relation to parliamentary election disputes and that burden cannot simply be discharged by mere allegations by the Electoral Commission.”
She argued that, “in the instant case where there is a vehement dispute about whether the Electoral Commission has the duty to recollate, redeclare or cancel declared results without a court order, there is a need for a merit-based evaluation in an election petition of the facts as such a mandamus cannot lie when the existence.
“In 1996 at Ayawaso Wuogon and Ajumako Enyan Esiam Constituencies, the
Commission detected errors on the collated results sheet after the results had been
declared,” she submitted.
“As a result, the Commission could not order a recount and the High Court had to adjudicate on both cases,” adding that, “Ayawaso Wugon was between NDCs Rebecca Adotey and NPPs George Amoo.”
It said, “it is abundantly clear that the Electoral Commission admits that after the declaration of election results, issues pertaining to intimidation, non compliance, misconduct, illegality and among others, the law reserves those matters, as far as they are post-declaration for the High Court and not the Electoral Commission or its officials.”
Techiman Central
Christopher Beyere, the NDC Parliamentary Candidate for Techiman Central, also argued in his affidavit in opposition that, “the application filed by the Applicant particularly the motion paper fails to comply with strict and mandatory rules of the Honourable Court in the sense that the Applicant has failed to endorsed on the motion paper the grounds and the reliefs sought.”
“That I repeat paragraph 14 above and further depose that the instant Application is legally defective and incompetent does not properly invoke the jurisdiction of this Court and therefore ought to be dismissed in limine.
“That Applicant attaches to his affidavit in support, aletter dated 13 December, 2024 and marked as Exhibit MK1. However, there is no indication on the face of that letter that, the Electoral Commission actually received same and also there is no evidence attached to the affidavit in support suggesting that, the Electoral commission refused to perform the functions assuming it is legally permissible to do so for which the letter required it to do upon being served with same for which reason the instant application has been mounted,” he contended.
Okaikwei Central
Baba Sadiq, the NDC Parliamentary Candidate for Okaikwei Central said the fact that the election of the member of parliament for the said constituency was complete, “the Electoral commission had no further function to the extent that it relates to collation and declaration of the winner of the elections for the said constituency hence, the invitation thrown to this Court asking the Court to perform a function that has already been executed.”
He argued that, once a winner of the parliamentary election is declared, the election is complete.
“Therefore, to the extent that I was declared by the Electoral Commission as the elected Member of Parliament for Okaikwei Central constituency, the parliamentary elections in said Constituency is complete.
“That I am advised by Counsel and verily believe same to be true that neither the
1992 Constitution nor C.I 127 vests a statutory duty on the Electoral Commission to re-collate and re-declare already collated and declared parliamentary election results and that where there is no provision of law which imposes a duty on the constitutional or statutory body to perform any act, mandamus would not lie,” Baba Sadiq to the Court.
Source: www.kumasimail.com
