Lack of Natural Justice, Premature Judgment, Lack of Evidence: Lawyer lists flaws of court’s order for re-collation.
Kwame Boafo Akuffo, a private legal practitioner, has criticized a decision by the High Court in Accra that directed the Electoral Commission of Ghana (EC) to proceed with re-collating and re-declaring the results of five constituencies where National Democratic Congress (NDC) parliamentary candidates were initially declared winners.
In a write-up, Boafo Akuffo raised several concerns regarding the court's order. He argued that the EC’s claim that its officers were coerced into declaring the initial winners was not substantiated before the court, making the decision problematic. He explained:
"It is my understanding that an EC officer cited duress as the basis for declaring a candidate the winner. However, the side in whose favor the declaration was made denied this claim. This creates a clear factual dispute, which requires evidence."
Boafo Akuffo emphasized that judicial review remedies are inappropriate in matters involving contested facts unless they pertain to jurisdictional issues supported by collateral evidence. He described the court's decision to grant judicial review in this instance as flawed and inconsistent with legal principles. He further argued:
"In situations where declarations are disputed, the proper remedy is an appeal, not judicial review. The court's reliance on unproven allegations of duress undermines the natural justice owed to all parties involved."
He also criticized the exclusion of interested parties in the process, labeling it a breach of natural justice. According to him, allegations of duress carry criminal implications, requiring a higher standard of proof in civil proceedings. Therefore, the EC, as the claimant of duress, should have been required to present its case directly to the court.
Additionally, Boafo Akuffo questioned the timing of the proceedings. He pointed out that Order 55 Rule (5)(3) of CI 47 mandates a respondent in a judicial review application be given at least seven days to respond. In this case, the application, filed on December 17, 2024, was heard just three days later, which he described as "extremely curious."
He concluded that disputes over election declarations must follow settled practices, such as filing election petitions, rather than circumventing these mechanisms through judicial review. He reiterated that premature judgments undermine the legal framework for resolving election disputes and noted:
"Once a declaration is made, it merges into common law, and any challenges must follow the legal cause of action. Delivering premature judgments is neither just nor beneficial."
Boafo Akuffo called on the courts and legal practitioners to adhere strictly to established legal procedures to ensure fairness and uphold the rule of law.
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