UE/R: Judiciary’s role in ensuring procedural fairness could establish new precedents for resolving Electoral disputes in future elections – Lawyer Jallaldeen Abdulai

BY: MILLICENT L. DAHAMANI

GBC, Bolgatanga, URA Radio’s  legal Education program, “Our Lawyer”, has resumed its weekly broadcast  following a temporary break.

The show comes  with a rebranded and dynamic format designed to demystify complex legal concepts, issues and offers expert analysis of court rulings that impact Ghana’s democratic framework which includes the pivotal mandamus case involving the Electoral Commission(EC), the National Democratic Congress (NDC) and the New Patriotic Party (NPP).

The return of “Our Lawyer”  hosted by Prosper Adankai coincides with a crucial judicial ruling by the High Court of Ghana, scheduled for January 4, 2025, on a mandamus application that has sparked national debate.

The case, filed by the New Democratic Congress (NDC), challenges a court order obtained by the New Patriotic Party (NPP) compelling the Electoral Commission (EC) to finalize the collation of parliamentary results in several constituencies.

The NDC argued that the order was granted without giving them the opportunity to be heard, a violation of their constitutional rights under Article 23 of the 1992 Constitution, which upholds the principles of natural justice.

Lawyer Jallaldeen Abdulai, the Regional Director of CHRAJ explained the Supreme Court decision, as per the  ruling indicates that the NDC had been denied a fair hearing and directing the High Court to allow them to join the case and present their arguments.

He added that the judicial development highlights critical issues surrounding electoral justice in Ghana and the  case underscores the judiciary’s role in ensuring procedural fairness and could establish new precedents for resolving electoral disputes in future elections. The Supreme Court’s emphasis on fairness demonstrates the importance of transparent legal processes in strengthening Ghana’s democratic credentials, he explained’’.

The key parties in this case include the NDC, which seeks to protect its rights in the electoral process; the NPP, which advocates for the expedited collation of results; the Electoral Commission, tasked with managing the electoral system; and the judiciary, which remains a critical arbiter in such disputes. The outcome of this ruling is expected to influence how electoral cases are addressed, potentially reshaping the legal landscape surrounding election management in Ghana.