The High Court of Ghana, in a landmark ruling on Saturday, January 4, 2025, ordered the Electoral Commission (EC) to complete the collation of outstanding results in four constituencies, namely Tema Central, Ablekuma North, Okaikwei Central, and Techiman South. This directive arose from mandamus applications filed by NPP candidates who contested the declared results in these constituencies. The court mandated the completion of these processes by January 6, 2025, under the watchful eye of armed security personnel provided by the Inspector General of Police. The court’s intervention underscored the importance of due process and adherence to electoral laws in ensuring the integrity of Ghana’s democratic processes.
The Tema Central constituency case specifically involved the exclusion of two polling stations from the final tally. Following the court’s order, a re-collation exercise confirmed Charles Forson of the NPP as the winner with 18,870 votes. He narrowly defeated the NDC’s Ebi Bright, who garnered 18,815 votes, and Frederick Aniagyei, who secured 209 votes. This recount exemplifies the critical role of each vote and the potential impact of even a small number of uncounted ballots on the outcome of an election. The total valid votes cast in Tema Central were 37,894, with 144 rejected ballots, bringing the overall total to 38,038.
Justice Forson Agyapong, presiding over the cases, clarified the legal principles underpinning mandamus applications. He articulated that these applications are appropriate when a public body, like the EC, fails to perform a statutory duty, acts outside its jurisdiction, makes errors in law, or breaches principles of natural justice. In the case of Tema Central, Justice Agyapong concluded that the EC had indeed failed to fulfil its duty by omitting the results from the two polling stations. He underscored the legal principle that only the returning officer’s declaration, encompassing all validly cast ballots, holds legal weight. This emphasizes the importance of complete and accurate collation in determining the true will of the electorate.
The situation in the other three constituencies mirrored the issues in Tema Central, albeit with varying degrees of incompleteness. In Ablekuma North, results from only 219 out of 281 polling stations were collated, leaving 62 outstanding. Similarly, Okaikwei Central saw results declared for just 110 of its 141 polling stations, and Techiman South reported results based on 135 out of 282 polling stations. These discrepancies highlight a pattern of incomplete collation, potentially affecting the final outcomes and raising concerns about the transparency and fairness of the electoral process in these constituencies.
Justice Agyapong’s consistent directive across all four cases mandated the collation of all outstanding polling station results. He emphasized that these results must be incorporated into the final declarations to ensure compliance with electoral laws and uphold the principles of fair representation. This reinforces the fundamental right of every eligible voter to have their vote counted and contribute to the democratic process. The court’s intervention underscores the judiciary’s role in safeguarding electoral integrity and ensuring that elections accurately reflect the will of the people.
The High Court’s intervention in these electoral disputes highlights the critical importance of adherence to due process and established legal frameworks in safeguarding the integrity of Ghana’s democracy. The court’s insistence on the complete and accurate collation of all valid votes reinforces the principle of one person, one vote, and ensures that the outcome of elections truly represents the will of the electorate. The mandamus applications filed by the NPP candidates and the subsequent court order serve as a crucial reminder of the role of the judiciary in upholding electoral laws and ensuring free and fair elections. The incidents also underscore the need for ongoing review and improvement of electoral processes to minimize the risk of similar discrepancies in the future. The court’s emphasis on the inclusion of all validly cast ballots in the final tally underscores the sanctity of each vote and its importance in shaping the political landscape. The court’s decision reinforces public trust in the electoral system and strengthens the foundation of Ghana’s democracy.
