The High Court in Accra has delivered a decisive ruling against the National Democratic Congress (NDC), dismissing their legal challenge against the Electoral Commission’s (EC) decision to re-collate and re-declare parliamentary election results in five constituencies. Justice Joseph Owusu-Adu Agyeman, presiding over the case, justified the dismissal by asserting that the disputed results were tainted by fraud and the Court could not endorse such irregularities. This decision effectively upholds the EC’s authority to revisit election results under circumstances where credible allegations of fraud compromise the integrity of the initial declarations. The NDC’s contention that the EC had become functus officio, having completed its mandate after the initial declarations, was rejected by the Court. This ruling sets a precedent for the EC’s power to rectify potentially fraudulent election outcomes, even after initial declarations have been made.
The NDC’s legal action, initiated on December 16th, sought judicial review of the EC’s decision to re-examine results in the constituencies of Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central, and Obuasi East. The party argued that their candidates in these constituencies, having been initially declared winners, held legitimate victories that the EC could not subsequently overturn. Their application specifically sought orders for Certiorari, Prohibition, and Injunction to legally restrain the EC from conducting any further actions related to re-collation or re-declaration of results in the contested constituencies. The NDC’s central argument rested on the principle of functus officio, asserting that the EC’s authority was exhausted upon the initial declaration of results.
The NDC, in their efforts to substantiate their claims, presented video evidence during the court proceedings on December 20th. This evidence depicted EC officials announcing the initial results in favour of their candidates in the disputed constituencies. However, the Court, unconvinced by this evidence, maintained its stance that the alleged fraudulent nature of the results superseded the initial declarations captured in the videos. This indicates that while the initial declarations were acknowledged, the Court prioritized addressing the alleged fraud, thereby granting the EC the authority to rectify the potential inaccuracies. The Court’s decision underscores the importance of electoral integrity over procedural formalities.
The EC’s legal team, led by Justine Amenuvor, chose not to file an affidavit in opposition to the NDC’s application, instead characterizing the application as premature. This tactical decision suggests that the EC considered the NDC’s legal challenge to be procedurally flawed, possibly believing that the court proceedings were initiated before the EC had concluded its internal review process. The EC’s stance further indicates a confidence in their authority to revisit and correct potentially flawed election results, emphasizing the Commission’s role in ensuring the accuracy and fairness of the electoral process.
This legal battle between the NDC and the EC unfolds against the backdrop of a broader electoral context. The EC has appealed to both President Akufo-Addo and President-elect John Dramani Mahama for increased security support to facilitate the declaration of parliamentary results in nine remaining constituencies. This appeal highlights the challenges faced by the EC in conducting elections and ensuring the integrity of the results, particularly in a potentially volatile post-election environment. The need for enhanced security underscores the importance of maintaining peace and stability during the electoral process.
The High Court’s dismissal of the NDC’s application has significant implications for the electoral process in Ghana. It affirms the EC’s power to investigate and rectify potential electoral irregularities, even after initial declarations have been made. This ruling emphasizes the primacy of electoral integrity and sets a precedent for future challenges to election results. The decision also highlights the complex interplay between legal procedures, electoral regulations, and the pursuit of fair and transparent elections. While the NDC’s presentation of video evidence showcased the initial declarations, the Court’s focus on the alleged fraud emphasizes the importance of addressing any potential irregularities that may undermine the credibility of the electoral outcome. The EC’s appeal for enhanced security further underscores the need for a stable and secure environment for the completion of the electoral process.
