Justice Forson Agyapong is hearing the applications brought by some NPP Parliamentary candidates from constituencies such as Okai Kwei Central, Ablekuma North, Techiman South etc.

The learned Counsel for the Aplicants, Gary Nimafo Marfo is arguing for the exercise of the powers of the Court to compel the electoral commission to fully collate and declare election results in the said constituencies of the applicants.

Justice Agyapong, a newly constituted panel of the High Court is hearing the applications after humbly dismissing the objection to the jurisdiction of the Court raised by the National Democratic Congress through its Counsel, the learned Godwin Kudzo Edudzi Tamaklo.

Dismissal of Objection

The High Court, General Jurisdiction Division 2 Presided by the learned Justice Forson Agyapong prior to hearing arguments on the mandamus applications, dismissed this very morning, the preliminary objection raised by the learned Counsel for the Interested Party, National Democratic Congress, Godwin Kudzo Edudzi Tamaklo.

The Learned Justice who rendered his decision in a Court room bursting at its seams reasoned that supervisory powers of the court lie against the Electoral Commission. Justice Agyapong held that apart from a Petition which comes alive upon the gazetting of elections results, Judicial Review lies, as well as other Judicial remedies against the decision of the Electoral Commission before the gazetting of election results. Justice Agypong relied on authorities including the Constitutional textbook of Prof. Atuguba, Dean of the University of Ghana School of Law on judicial review.

The learned Justice of the Court per the foregoing held that the Jurisdiction of the High Court to supervise the Electoral Commission is well founded as the court respectfully overruled the objection of Mr. Tamaklo. The Ruling of the Court according to Justice Agyapong applied to all other applications similar to that of Nana Akua Afriyie which are all mandamus applications.