3 days ago
**High Court Was Biased and Partial in Re-Collation Order – NDC**
The opposition National Democratic Congress (NDC) has accused Ghana’s High Court of bias and partiality following its decision to order a re-collation of results in the Assin North parliamentary election dispute. The ruling, which has reignited political tensions, stems from a legal battle over the outcome of the 2020 parliamentary elections in the Assin North constituency. The NDC alleges that the decision undermines judicial impartiality and sets a dangerous precedent for future electoral disputes.
### Background to the Dispute
The Assin North constituency became a flashpoint in Ghana’s political landscape after the 2020 parliamentary elections, where NDC candidate James Gyakye Quayson emerged victorious. Quayson’s win tipped the balance of power in Parliament, giving the NDC and the ruling New Patriotic Party (NPP) almost equal seats, making the legislature one of the most evenly split in Ghana’s history.
However, the legitimacy of Quayson’s election was challenged by the NPP, who claimed that he was not qualified to contest the election due to holding dual citizenship at the time of filing his nomination. After months of legal wrangling, the High Court declared the election null and void, citing violations of constitutional provisions regarding dual citizenship.
The matter was further complicated when the NPP filed a fresh petition demanding a re-collation of votes in the constituency, alleging irregularities in the electoral process. The High Court, in its latest ruling, granted the NPP’s request, ordering the Electoral Commission (EC) to undertake a re-collation of results.
### NDC’s Reaction to the Ruling
The NDC has strongly condemned the High Court’s decision, describing it as biased and an affront to justice. The party’s General Secretary, Fifi Kwetey, issued a statement asserting that the court’s ruling was politically motivated and designed to undermine the will of the people of Assin North.
“The High Court’s decision to order a re-collation is not only unjustified but also demonstrates a clear bias against the NDC. This is an attack on the democratic rights of the people of Assin North and a dangerous precedent for our democracy,” Kwetey stated.
According to the NDC, the court failed to consider the substantive issues raised by the party, including the legitimacy of the NPP’s petition and the potential disenfranchisement of voters. The NDC further argued that the re-collation order effectively invalidates the mandate given to James Gyakye Quayson by the constituents of Assin North.
### Allegations of Judicial Partiality
The NDC’s accusations of judicial bias are rooted in what the party perceives as a pattern of unfavorable rulings in cases involving its members. Party officials argue that the judiciary has consistently sided with the ruling NPP in key political and electoral disputes, eroding public confidence in the courts.
“Ghana’s judiciary is increasingly being seen as an extension of the ruling government, rather than an independent arbiter of justice. The High Court’s decision in this case only reinforces that perception,” said Samuel Ofosu Ampofo, a senior NDC official.
The party has called on civil society organizations and international observers to scrutinize the judiciary’s handling of electoral disputes, warning that the erosion of judicial independence could destabilize Ghana’s democratic institutions.
### Implications for Electoral Justice
The High Court’s ruling has significant implications for electoral justice in Ghana. Critics argue that the decision to order a re-collation undermines the principle of finality in electoral disputes, potentially opening the floodgates for endless legal challenges.
Legal analysts have noted that while the court has the authority to order a re-collation, such decisions should be guided by clear evidence of irregularities that materially affect the outcome of the election. In the Assin North case, the NDC contends that the NPP failed to provide sufficient evidence to warrant such an order.
The ruling also raises concerns about the role of the Electoral Commission, which has faced criticism for its handling of the 2020 elections. The EC’s perceived lack of transparency and accountability has fueled suspicions of political interference, further complicating efforts to resolve the Assin North dispute.
### Political Ramifications
The controversy surrounding the High Court’s decision is likely to deepen the political polarization in Ghana. The Assin North constituency has become a symbolic battleground for the NDC and NPP, with both parties viewing the outcome of the dispute as critical to their broader political fortunes.
For the NDC, the High Court’s ruling represents yet another hurdle in its efforts to maintain a strong parliamentary presence and challenge the NPP’s governance. The party has vowed to appeal the decision, signaling its determination to fight the case to its conclusion.
Meanwhile, the NPP has welcomed the ruling, describing it as a step toward electoral accountability. The party’s General Secretary, Justin Kodua Frimpong, argued that the re-collation order would ensure that the true will of the people of Assin North is reflected.
### Conclusion
The High Court’s decision to order a re-collation of results in the Assin North parliamentary election dispute has sparked a fierce backlash from the NDC, which views the ruling as biased and politically motivated. The controversy underscores the growing mistrust in Ghana’s judiciary and electoral processes, highlighting the urgent need for reforms to safeguard judicial independence and electoral integrity.
As the case moves to higher courts, its outcome will not only determine the political fate of Assin North but also shape the broader narrative about justice and democracy in Ghana. Both the NDC and NPP are bracing for a protracted legal and political battle, with the stakes higher than ever.
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