Lawyers for the National Democratic Congress (NDC) and its Parliamentary Candidates at the center of the disputed Parliamentary election in four constituencies have raised a preliminary legal objection to the jurisdiction of the High Court and the competence of the mandamus application filed by the New Patriotic Party (NPP) against the Electoral Commission (EC).
The Counsel for the NDC and its four parliamentary candidates, Edudzi Tameklo, argued that the mandamus application is effectively an election petition disguised as a mandamus application.
He emphasised that, issues such as intimidation and duress—cited by the EC as reasons for nullifying the election results—are substantive matters that fall under Sections 16 and 20 of PNDC Law 284 and must be proven through evidence in court.
In his oral submissions, Mr. Tameklo contended that the case filed is an election petition and not a mere mandamus application.
Lawyer for the NPP Parliamentary Candidates, Gary Nimako stated that the objection raised by the NDC is misconceived.
The presiding judge, Justice Forson Agyapong is yet to make a determination on the preliminary legal objection raised.
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