Application for mandamus must be heard by different High Court Judge – Supreme Court

The Supreme Court has ordered that the mandamus application filed by New Patriotic Party (NPP) parliamentary candidates be assigned to a different High Court judge for hearing. This directive follows the quashing of earlier orders issued by the original High Court.

Despite nullifying the previous orders, the Supreme Court affirmed that the mandamus applications remain active and must be determined by the new judge.

The legal dispute stems from a December 20 High Court ruling, which directed the Electoral Commission (EC) to re-collate parliamentary election results in nine constituencies following the NPP candidates’ mandamus application. The NDC, however, challenged the ruling at the Supreme Court, describing the recollation process as illegal and procedurally flawed.

So far, the EC has complied with the directive in seven constituencies, all won by the NPP. However, the results for Dome/Kwabenya and Ablekuma North remain unresolved, adding to the tension surrounding the case.

In his ruling, Justice Gabriel Pwamang clarified the Supreme Court’s stance, stating: “Despite quashing orders stated above, the applications for mandamus themselves are still alive and ought to be heard and determined.”

The court invoked its powers under Article 129 (4) of the 1992 Constitution and applied Order 55 Rule 65 to grant leave for the applicants to file affidavits and statements of case in response to the respective mandamus applications that had been quashed.

“The time of filing is hereby abridged to two days from today. The applicants for mandamus in the High Court may respond to the processes of the interested parties,” Justice Pwamang added.

Considering the time constraints on the national electoral calendar, the Supreme Court has abridged the time for the hearing of the mandamus applications in the High Court and directed that the applications be heard on Tuesday, December 31, 2024.

On the issue of bias, Justice Pwamang noted, “We are not satisfied that sufficient evidence has been provided to us by the applicants. Nevertheless, in order to maintain the integrity of the adjudicatory process and in line with the practice of this court, we hereby direct that the applications for mandamus shall be placed before a different High Court judge for hearing and determination.”