Private legal practitioner, Justice Srem Sai, has raised concerns about the legality of the Electoral Commission's (EC) decision to recount votes in nine constituencies following the December 7, 2024 parliamentary elections. The recount process, conducted on December 21, 2024, led to the redeclaration of the results in favor of the New Patriotic Party (NPP) in seven constituencies, including Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central. According to the EC, these actions were necessary due to alleged errors in the initial results. The EC further explained that in some cases, all political party representatives acknowledged the errors that occurred during the collation process.
Despite the EC's defense, legal experts and political observers argue that the commission may have exceeded its authority. Justice Srem Sai, speaking on Citi News on December 23, pointed out that while some mistakes may have been made, the correction of such errors should not be confused with resolving an electoral dispute. He emphasized that when disagreements arise between parties, the law mandates that the election results be gazetted, and only then can the outcome be legally contested in court. Sai expressed concerns that the EC's actions may have bypassed the proper legal channels for addressing electoral disputes, suggesting that the matter should be resolved through the courts rather than through a unilateral correction by the EC.
The debate surrounding the EC’s actions highlights a broader issue of accountability and transparency in Ghana’s electoral processes. While the commission’s efforts to correct mistakes are understandable, Sai argues that resolving disputes over election outcomes falls under the jurisdiction of the courts, not the EC. Legal experts are calling for the immediate involvement of the judiciary to address the allegations of lawlessness and potential illegalities surrounding the recount and redeclaration process. As the controversy continues to unfold, questions remain about the EC’s adherence to the legal framework governing the resolution of electoral disputes.
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