The legal tussle involving the opposition National Democratic Congress (NDC) took an unexpected turn on Saturday (4 January) when their Lead Counsel, Lawyer Edudzi Tameklo, left the courtroom while the High Court judge Justice Forson Agyapong was delivering judgment on a mandamus application.
The court had granted the application filed by New Patriotic Party (NPP), ordering the Electoral Commission (EC) to complete the collation of results in the constituencies of Tema Central, Ablekuma North, Okaikwei Central, and Techiman South.
Lawyer Tameklo, who represented the NDC in the matter, reportedly walked out midway through the reading of the judgment to personally file a notice of appeal at the court’s registry. This action has sparked debates among legal and political observers, with critics alleging that the NDC is prioritizing political strategy over legal diligence.
There are suggestions that the appeal was pre-prepared and submitted even before the court’s reasoning and full judgment were completed. This has led to questions about the NDC’s intent and the basis of their appeal.
“This act demonstrates a clear disregard for the judicial process. How can you appeal a judgment whose reasoning you haven’t fully heard? It’s a political stunt, not a legal argument,” remarked a legal analyst who requested anonymity.
Others, however, argue that the NDC’s decision might have been a tactical move aimed at preserving their right to appeal within legal timelines, given the sensitive nature of the case.
The case itself has attracted national attention due to its implications for the upcoming swearing-in of the ninth parliament.
In a statement to journalists following the court’s decision in Accra, Mr. Tameklo confirmed that the party had already prepared its notices of appeal to contest the High Court’s judgment, which granted the mandamus application.
“This matter is not yet over. Nobody should be deceived. It will not end here. We are appealing the decision,” he stated.
The rulings address irregularities and incomplete collation processes in these constituencies, with specific directives to the EC and the Inspector General of Police (IGP).
Tema Central
For Okaikwei Central, the court ruled that the EC failed to collate results from 30 outstanding polling stations despite demands to do so. Justice Forson Agyapong instructed the EC to collate the results from these polling stations, integrate them with the already collated results, and declare a winner. The IGP was ordered to ensure armed security during the collation process.
Ablekuma North
In Ablekuma North, the court found that the EC had declared results from only 219 polling stations out of 281, leaving 62 polling stations unaccounted for. Despite evidence of demands for the EC to act, it failed or refused to complete the process. The court ordered the EC to collate results from the 62 outstanding polling stations, add them to the existing results, and declare a winner. The IGP was similarly instructed to provide armed security for the collation.
Techiman South
Justice Forson ordered the EC to collate the results from the outstanding polling stations and add them to the already collated results. He further directed the Inspector General of Police to provide adequate armed security to the EC to ensure the collation process is conducted and a winner is declared.
The IGP was directed to provide armed security for the collation process, which must be completed by Monday (6 January).
Reporting By Jonathan Ofori, Asaase Newsroom
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