Paragraph 1: Setting the Scene
The Accra High Court witnessed a procedural delay in a significant election dispute case involving the National Democratic Congress (NDC) and the New Patriotic Party (NPP). The NDC, representing four of its parliamentary candidates, had filed an application for a stay of execution pending an appeal of an earlier court ruling. This application was scheduled for hearing, but the court was forced to adjourn the proceedings to January 13th due to a lack of service of court processes on the NPP, a crucial party in the dispute.
Paragraph 2: The Unserved NPP and the Bailiff’s Account
Justice Forson Baah Agyapong, presiding over the case, noted the absence of the NPP’s representation due to the lack of service. To understand the circumstances, the court summoned the manageress of the bailiffs to explain the situation. The manageress informed the court that bailiffs had been assigned to serve the court processes on Saturday, January 4th, 2025. However, on Monday, January 6th, 2025, inquiries revealed that the NPP lawyer’s offices were locked, preventing successful service. Furthermore, the bailiffs were unable to serve the Clerk to Parliament, further complicating the matter. The court, left with no alternative, adjourned the proceedings.
Paragraph 3: The Electoral Commission’s Stance and the Initial Court Ruling
While the service issue caused a delay, the Electoral Commission’s lawyer, Mr. Justin Amenuvor, filed an affidavit opposing the NDC’s application for a stay of execution. This affidavit represents the EC’s position in the ongoing dispute. It is important to recall the context of this current legal wrangling: On January 4th, 2025, the High Court granted a mandamus application compelling the Electoral Commission (EC) to collate results from specific polling stations in four contested constituencies. These constituencies are Tema Central, Ablekuma North, Okaikwei Central (all in the Greater Accra Region), and Techiman South (in the Bono East Region).
Paragraph 4: The EC’s Collation Efforts and Declared Winners
Following the court’s order, the EC proceeded with the collation of polling station results in the designated constituencies. While one constituency remains pending, the EC has declared winners in three. In Okaikwei Central, Patrick Boamah of the NPP was declared the winner. Charles Forson, also of the NPP, secured victory in Tema Central. In Techiman South, Martin Kweku Agyei Korsah, another NPP candidate, emerged victorious. The collation process for Ablekuma North, however, is currently suspended due to unresolved disagreements.
Paragraph 5: The NDC’s Appeal and Stay of Execution Application
The NDC’s application for a stay of execution represents their challenge to the High Court’s initial ruling and the subsequent declarations by the EC. This application is being pursued on behalf of their parliamentary candidates: Ebi Bright in Tema Central, Ewurabena Aubynn in Ablekuma North, Dr. Christopher Beyere Basongti in Techiman South, and Baba Sadiq in Okaikwei Central. The stay of execution, if granted, would temporarily halt the implementation of the High Court’s order and the EC’s declarations, allowing the appeal process to unfold.
Paragraph 6: The Pending Legal Proceedings and Its Significance
The adjournment of the stay of execution application highlights the complexities of electoral disputes and the importance of procedural adherence. The court’s insistence on proper service of court processes underscores the principle of fair hearing and ensures all parties are adequately informed and given an opportunity to present their case. The outcome of this legal battle will have significant implications for the final parliamentary representation of the affected constituencies and could potentially influence the balance of power in Parliament. As the court reconvenes on January 13th, the focus will be on addressing the service issue and hearing the arguments regarding the stay of execution application, a crucial step in determining the next phase of this ongoing electoral dispute.
