In an attempt to overturn a High Court decision that called for the re-collation of the parliamentary results in six constituencies, the National Democratic Congress (NDC) filed a case, but the Supreme Court rejected their preliminary legal protest.
The trial judge who directed the Electoral Commission (EC) to re-collate election results in nine contested constituencies has been accused by the National Democratic Congress (NDC) of being biased and guilty of procedural flaws.
Godwin Edudzi Tamakloe, the Director of Legal Affairs for the NDC, contended that the High Court’s ruling went against natural justice principles during Friday, December 27 Supreme Court proceedings. He asserted that the decision was greatly impacted by the NDC’s denial of the chance to make its case.
The NDC further claimed that the trial judge was biased and neglected to follow important procedural rules. According to Tamakloe, the court disregarded Order 55 Rule 5 (2) of CI 47, which mandates that parties interested in a mandamus application be informed and given the opportunity to reply, pointing to a “non-jurisdictional error of law.”
Gary Nimako Marfo, a lawyer for the New Patriotic Party (NPP) parliamentary candidates for the six constituencies, filed a preliminary legal objection on Friday morning [Dec 27] on the grounds that the NDC had neglected to include the High Court’s decision in its certiorari application.
In the interim, the court has retired into chambers to render its decision.
