Supreme Court quashes High Court order to collate parliamentary results for 4 constituencies

The Supreme Court has quashed an order by the Accra High Court for the Electoral Commission (EC) to collate the parliamentary results of four constituencies in the December 2024 elections.

The affected constituencies are Okaikwei Central, Tema Central, Techiman South and Ablekuma North. 

The Accra High Court last week ordered the Electoral Commission (EC) to bring finality to the election in six constituencies by collating the results and declaring the winners in tandem with the electoral laws of Ghana.

The High Court gave the orders on Friday, December 20, 2024 after it upheld different mandamus applications filed by the respective New Patriotic Party (NPP) parliamentary candidates (PCs) for the six constituencies.

Related: Court orders EC to re-collate 6 constituencies, NDC goes to Supreme Court to stop EC 

Supreme Court quashes High Court order

In a unanimous ruling Friday [December 27, 2024], a five-member panel of the Supreme Court held that the High Court failed to hear the National Democratic Congress (NDC) parliamentary candidates for the four constituencies before the order was issued.

According to the Supreme Court, at the time the High Court gave the order, the collation of the parliamentary results in the four constituencies had already been done and results declared, and therefore it was against the rules of natural justice for the High Court to have failed to give the four NDC MPs hearing before giving the order.

Different judge should re-hear mandamus application on Dec 31

Consequently, the Supreme Court has ordered the re-hearing of the mandamus application for the collation of the four constituencies, but this time around, with full hearing for the four NDC parliamentary candidates.

However, the court held that its order does not apply to two other constituencies - Nsawan Adoagyir and Ahafo Ano North since at the time the mandamus order was given, the collation had not been completed.

The court further ordered that the mandamus application should be heard before a new judge other than the one who granted the initial one.

Again, the court ordered that the mandamus application should be heard on Tuesday, December 31, 2024, with the NDC parliamentary candidates having the opportunity to file their processes within two days (starting from Friday, Dec 27)