The National Democratic Congress (NDC) has taken the Electoral Commission (EC) to court in an attempt to prevent it from re-collating and redeclaring parliamentary election results for five constituencies: Dome-Kwabenya, Okaikwei Central, Ablekuma North, Tema Central, and Obuasi East.
The NDC, in its suit, argues that the EC lacks the authority to re-collate or redeclare results once they have been declared, contending that the Commission is now "functus officio." This legal principle suggests that the EC has fulfilled its duty and can no longer revisit decisions on these constituencies.
The legal challenge comes amidst heated disputes surrounding the initial collation process. The EC had previously declared the results for Dome-Kwabenya, Okaikwei Central, Ablekuma North, and Tema Central as invalid, citing procedural irregularities. According to the Commission, the irregularities contravened guidelines stipulated in Constitutional Instrument (CI) 127, necessitating a re-collation of the results.
During a press briefing on Friday, December 13, Samuel Tettey, Deputy Chair for Operations at the EC, explained the reasons behind the move. He indicated that police had been deployed to the collation centers to ensure a smooth re-collation process, but the results could not be upheld due to significant procedural lapses.
The NDC, however, disagrees. The party contends that the EC has already declared the results in favor of its candidates in these constituencies, making any further action by the Commission inappropriate.
The motion filed by the NDC includes five applicants: Faustina Elikplim Akurugu, Baba Sadiq, Ewurabena Aubynn, Ebi Bright, and Samuel Aboagye. They are seeking an injunction to stop the EC from undertaking any re-collation or redeclaration efforts.
In their court filing, the applicants demanded a declaration that the EC is prohibited from tampering with the already declared results. They further argued that under Ghana's Constitution, specifically Article 99, only the High Court has the exclusive jurisdiction to overturn or invalidate parliamentary election results.
“The Electoral Commission cannot unilaterally re-collate, recount, or redeclare election results once they have been declared. Any such action would be in violation of the 1992 Constitution and PNDCL 284,” the motion stated.
The NDC’s legal team emphasized that any disputes regarding the validity of parliamentary election results should be addressed through the courts, not by administrative actions from the EC. The party believes the EC’s attempts to revisit the results undermines Ghana’s democratic processes and sets a dangerous precedent.
The controversy over these results has reignited broader debates about the credibility of the EC and the transparency of Ghana’s electoral processes. Critics argue that the EC’s actions raise questions about its impartiality, while others defend the Commission’s decision as a necessary step to rectify errors.
The stakes in this legal battle are high, as the five constituencies in question are key political strongholds with the potential to shift the parliamentary majority. The NDC is determined to protect what it sees as its rightful wins in these areas, while the EC insists it is acting within its mandate to ensure fair and accurate outcomes.
Meanwhile, political tension continues to simmer, with both major parties—the NDC and the New Patriotic Party (NPP)—closely monitoring developments. Supporters of the NDC have expressed frustration over the EC’s actions, viewing them as an attempt to overturn legitimate victories. On the other hand, some observers argue that the re-collation could bring clarity and resolve lingering doubts about the accuracy of the initial results.
This lawsuit marks a critical moment in Ghana’s post-election period, testing the balance between institutional autonomy and legal accountability. The outcome of the case could have far-reaching implications for the conduct of future elections and the powers of the Electoral Commission.
For now, all eyes are on the court as it prepares to deliberate on the matter. The NDC remains resolute in its stance, stating that it will use every legal avenue to protect the integrity of the results. The EC, on the other hand, is under pressure to defend its decision and ensure that its actions align with the Constitution and electoral laws.
The coming days will be pivotal as the court’s decision will not only determine the fate of the five constituencies but also set a precedent for how disputes over election results are handled in Ghana’s democratic landscape.
blogpay
Total Comments: 0