The National Democratic Congress (NDC) raised a preliminary challenge to the High Court's jurisdiction to hear the New Patriotic Party's (NPP) mandamus suit, but the court rejected it.

In constituencies where the NDC had been proclaimed the victor, the party had claimed that the mandamus application was an attempt by the NPP to contest the election results.

In the impacted constituencies, the NDC informed the court that the NPP was contesting the election results without adhering to the correct procedure specified in sections 16 and 20 of the Representation of the People Law (PNDCL 284) as modified.

According to the NDC's attorneys, the NPP would have been better off filing a formal petition with the court.

Gary Nimako Marfo, the NPP's attorney, countered the NDC's claim, arguing that the case was about making sure the Electoral Commission (EC) fulfills its constitutional obligations rather than nullifying the election results.


Additionally, he informed the court that the results in question had been formally gazetted, which is a prerequisite for filing an election petition.

On New Year's Day, Justice Forson Agyapong delivered his decision and accepted the NPP's position.

He looked at the assertion made by the NDC's legal staff that the case was not an election petition.

The judge stated that the court had the authority to consider the case because the Electoral Commission had not fulfilled its constitutional obligation, which was the main point of contention.


Tema Central, Ablekuma North, and Okaikwei Central are the impacted constituencies in the current dispute.

Now that the court has rejected the NDC's objection, it will move forward with hearing the substantive matter.