High Court was biased and partial in re-collation order – NDC

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The National Democratic Congress (NDC) has accused the trial judge who ordered the Electoral Commissioned (EC) to re-collate election results in nine disputed constituencies of bias and procedural missteps.

The High Court’s December 20 ruling, following a mandamus application filed by New Patriotic Party (NPP) parliamentary candidates, directed the EC to re-collate results in areas with alleged irregularities. The NPP argued that, discrepancies in tabulated results warranted verification to uphold transparency and accuracy.

While some viewed the decision as reinforcing the EC’s mandate to ensure credible elections, the NDC criticized it as flawed and controversial.

The EC has complied with the order in seven constituencies, but re-collation for Dome/Kwabenya and Ablekuma North remains incomplete.

Speaking at Supreme Court proceedings on Friday, December 27, the NDC’s Director of Legal Affairs, Godwin Edudzi Tamakloe, argued that the High Court’s decision violated natural justice principles. He claimed the NDC was denied a fair hearing, significantly influencing the ruling.

Tamakloe further alleged judicial bias and procedural oversights, highlighting a “non-jurisdictional error of law.” He stated the trial judge failed to adhere to Order 55 Rule 5(2) of CI 47, which mandates notifying all interested parties in a mandamus application and allowing them to respond.

“Our grounds for this application are that the orders made by the High Court breached the applicant’s right to be heard. Additionally, the trial judge demonstrated apparent bias and partiality,” Tamakloe stated.

The allegations have intensified the ongoing legal dispute, with the Supreme Court’s impending decision anticipated to set significant legal precedents.

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