Overview of the Controversy

The political landscape in Ghana faced a significant legal test when the National Democratic Congress (NDC) sought to prevent the Electoral Commission (EC) from re-collating and re-declaring results for five constituencies. The High Court in Accra, presided over by Justice Joseph Owusu-Adu Agyeman, ultimately dismissed the NDC’s application, labeling the disputed results as “fraudulent.”

Background to the Dispute

On December 7, 2024, parliamentary elections took place across Ghana. Initial declarations indicated that the NDC had secured victories in the following constituencies:

• Dome Kwabenya - Faustina Elikplim Akurugu
• Okaikwei Central - Baba Sadiq
• Ablekuma North - Ewurabena Aubynn
• Tema Central - Ebo Bright
• Obuasi East - Samuel Aboagye

However, the EC later cited procedural irregularities and alleged threats to its officers during the declarations. This prompted its decision to re-collate and potentially re-declare the results, sparking the NDC’s legal challenge.

The NDC’s Legal Argument

The NDC argued that the EC had no authority to overturn results it had already declared, invoking the principle of functus officio. According to this doctrine, once an official decision is made, it cannot be revised by the same authority. The party also highlighted constitutional provisions, asserting that only the High Court had jurisdiction to invalidate election results.

Why the Court Dismissed the Case

Despite presenting video evidence of the initial declarations, the NDC’s application was dismissed. The Court determined that the disputed results were tainted by fraud and could not be endorsed. It also ruled that the NDC’s case was premature, as the re-collation process was ongoing.

Implications of the Ruling

This ruling underscores the complexity of election disputes and the importance of procedural integrity in democratic processes. For the NDC, it represents a significant setback, while the EC’s actions may set a precedent for addressing alleged irregularities in future elections.