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Spencer Wan Blog of Monday, 6 January 2025

Source: Eric Afatsao

BREAKING: The court will hear a stay of execution application from four NDC PCs against the EC's directives to announce the winners today.

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Four National Democratic Congress (NDC) parliamentary candidates are requesting a stay of execution awaiting appeal in the current post-election disputes over results, and the High Court in Accra is anticipated to hear their cases today (Monday, January 6, 2025).


In Tema Central, Okaikwei Central, Ablekuma North, and Techiman South, respectively, Ebi Bright, Baba Sadiq, Awurabena Aubynn, and Christopher Beyere are the four applicants who are seeking the reversal of the orders.

The High Court's instructions from Saturday, January 4, allowing the Electoral Commission (EC) to compile unrecorded polling station results, supplement those that have already been compiled, and announce the winners in each of the four constituencies by Monday, January 6, form the basis of the separate actions.

On Sunday, January 5, 2025, the winners were announced, and all of the court's orders—aside from Ablekuma North Constituency—had been implemented.

Following their successful completion of their respective Mandamus Applications, Charles Forson of Tema Central, Patrick Yaw Boamah of Okaikwei Central, and Martin Adjei Mensah Korsah of Techiman South have all been proclaimed the winners.

On Saturday, January 4, 2025, the NDC candidates from Tema Central, Okaikwei Central, Ablekuma North, and Techiman South, Ebi Bright, Baba Sadiq, Awurabena Aubynn, and Christopher Beyere, each filed a notice of appeal to challenge the court's rulings.


“PLEASE TAKE NOTICE that the Interested Parties|Appellants herein being dissatisfied and aggrieved with the Rulings of the High (Court General Jurisdiction 2) Accra, Coram FORSON AGYAPONG BAAH J dated 1st & 4
January 2025 do hereby appeal against the said Ruling to the Court of Appeal on the grounds set out in paragraph 3 and will at the hearing of the APPEAL seek the reliefs set out in paragraph 4,” the Notice of Appeal filed on Saturday January 4, 2025 stated.

Their respective notices of appeal are challenging the entire Rulings of the High Court dated 1 & 4 January 2025.

The January 1, 2025 ruling that they are challenging is also in respect of the Court overruling their respective objections challenging the jurisdiction of the Court to hear the Mandamus.

In addition to their respective notices of appeal, they are seeking for a stay of execution.

Lawyers of the Interested Parties (NDC PCs) are expected to move their respective applications for Stay of Execution pending appeal against the orders of the Court which have already been carried out with the exception of Ablekuma North which has been suspended.

Background

On Saturday, January 4, 2025, the High Court in Accra ordered the Electoral Commission (EC) to collate the two outstanding polling station results of Tema Central Constituency and declare the winner on or before January 6, 2025*

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The Court presided over by Justice Forson Baah Agyapong said, evidence before the court showed that not all the polling station results were collated with 146 out of 148 polling centres done.

While granting NPP Charles Forson’s application for Mandamus, the Court said the EC is ordered to collate the two outstanding polling station results and add to the 146 earlier collated and declare the winner on or before January 6, 2025.

The Court also ordered the Inspector General of Police to provide adequate security to all collation centres to ensure that the EC performs its public function.


For Okaikwei Central where Baba Sadiq of the National Democratic Congress and Patrick Yaw Boamah contested, the Court ordered the EC to collate the 31 outstanding polling station results of Okaikwei Central Constituency and add the results to the already collated results and declare winner.

For Techiman South, the Court ordered for the collation of some 147 polling stations and results added to the already collated results for the winner to be declared between Martin ADJEI-Mensah Korsah of the NPP and Christopher Beyere of the NDC.

Nana Akua Afriyie of the NPP and Awurabena Aubynn of the NDC are battling it out at the Ablekuma North, the Court said some 62 outstanding polling centre results be collated and the winner declared.


The Court also extended its orders to the doorsteps of the Inspector General of Police (IGP) to provide adequate security for all collation centres to enable the Commission discharge its lawful mandate.