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The High Court, General Jurisdiction Division 2 Presided by the learned Justice Forson Agyapong has granted the Mandamus Applications brought by Charles Forson, the New Patriotic Party (NPP) Parliamentary candidate for Tema Central against the Electoral Commission for the collation and declaration of election results.
The Honourable Court heard arguments for and against the applications by the learned Gary Nimako Marfo for the Applicants, Godwim Tamaklo Esq. for the Interested Parties, which are National Democratic Congress (NDC) Parliamentary Candidates and the Party itself and the learned and respected Justin Amenuvor for the Respondent, the Electoral Commission of Ghana.
Arguments
Counsel for Mr. Forson argued that the process of collation never ended as all votes from all polling stations were not collated to produce a comprehensive results of the constituency. He also argued based on depositions of Mr. Forson in his Mandamus Application that collation at the collation center was marred by chaos and threats and same was truncated and attempts at continuation at Tesano Police Training School never materialised.
Mr. Marfo, Counsel for Mr. Forson in reliance on a letter from an official of the Electoral Commission suggesting two outstanding polling stations which were not added to the total tally of votes in the entire constituency bolstered his claims with this piece of evidence deposed to by Mr. Forson.
Counsel for Ebi Bright, the National Democratic Congress Parliamentary candidate for Tema Central and Interested Party in the matter argued that there was a declaration and thus the election at the said constituency was complete and the Electoral Commission Functus officio, thus, the Electoral Commission cannot recollate and re-declare the election of the constituency.
Mr. Tamaklo suggested that per the circumstances, the option left for Mr. Forson was a petition and not the Mandamus Application file for and on his behalf.
Decision and reasoning
Justice Forson read in full his ruling in this application and suggested the application of same mutatis mutandis to Ablekuma North, Okai Kwei Central and Techiman North Constituencies.
Justice Forson after comprehensively summarizing the arguments of Counsel for all parties, offered a review of the law on supervisory powers of the Court and in particular, Mandamus applications.
Justice Forson in reliance on the 2023 book on Civil Procedure by the learned Francisca Serwaa Boateng held that there are five conditions for mandamus which are:
1. The Applicant must show that there is a duty
2. The Applicant must show further that the duty is of a public nature
3. There must be evidence of demand
4. There is a refusal of duty by law
5. Mandamus will be granted where there is substantial prejudice by procrastination.
The High Court Judge after spelling out the law as regard Mandamus, and with a well laid out outline of the applicable laws on supervisory powers of the Court, Justice Forson moved on to apply the evidence in the Mandamus to the conditions of Mandamus.
Justice Forson held that the inability of the Electoral Commission (EC) not to collate all polling stations as two polling stations remains outstanding and therefore there still remains a duty to be done by the EC.
Justice Forson went on to hold that there was a demand on the EC which demand has been refused as collation including the outstanding two is yet to be done.
Justice Forson held that all other conditions were met for the grant of the Mandamus for collation and declaration at Tema Central Constituency.
Consequently Justice Forson ordered the EC to collate the two outstanding polling stations and declare Tema Central Parliamentary Elections. The High Court Justice also consequently ordered the Police to provide armed security for the collation exercise.
Source: The Law Platform
