The political landscape in Ghana is currently embroiled in a contentious legal battle surrounding the outcome of the parliamentary elections in several constituencies, primarily Okaikwei Central, Ablekuma North, and Tema Central. The New Patriotic Party (NPP), the National Democratic Congress (NDC), and the Electoral Commission (EC) are locked in a three-way dispute that has escalated to the Supreme Court, leaving the final declaration of results in these constituencies hanging in the balance. The core issue revolves around the collation process, with allegations of irregularities and breaches of natural justice dominating the legal arguments. This complex situation stems from initial declarations by the EC, followed by re-collations and subsequent legal challenges, resulting in a back-and-forth that has created uncertainty and heightened political tensions.
The initial phase of this legal battle began with the NPP filing an application at the High Court, seeking a re-collation of results in specific constituencies where the NDC candidates had initially been declared winners. The High Court granted the NPP’s application, leading the EC to conduct re-collations in these constituencies. The outcome of these re-collations swung the pendulum in favor of the NPP, with their candidates being declared winners in seven constituencies. This shift in results triggered strong objections from the NDC, who then petitioned the Supreme Court, contesting the validity of the High Court’s decision and the subsequent re-collations.
The NDC’s central argument before the Supreme Court centered on the alleged violation of their candidates’ right to natural justice during the High Court proceedings. They contended that their candidates were not afforded a fair hearing before the High Court made its decision to order the re-collations. This, they argued, rendered the entire process flawed and prejudiced their candidates’ chances of a fair outcome. Furthermore, the NDC leveled accusations of bias against the presiding High Court judge, adding another layer of complexity to the legal proceedings. The Supreme Court’s intervention became crucial in determining the fairness and legality of the actions taken by the High Court and the EC.
The Supreme Court, in its ruling, upheld the NDC’s argument regarding the breach of natural justice. The apex court agreed that the NDC candidates were denied a proper hearing at the High Court, a fundamental principle of a fair judicial process. This decision effectively overturned the High Court’s ruling that had paved the way for the re-collations. However, the Supreme Court, while acknowledging the procedural flaws in the High Court’s approach, did not find sufficient evidence to support the NDC’s claim of bias against the presiding judge. Despite this, to ensure impartiality and transparency, the Supreme Court directed that the case be reassigned to a different judge for a fresh hearing.
The fate of the disputed constituencies – Techiman South, Okaikwei Central, Ablekuma North, and Tema Central – now rests with the High Court. With the Supreme Court’s ruling, the High Court will revisit the matter, ensuring that all parties involved are given a fair hearing and due process is followed meticulously. This renewed legal battle will likely delve into the details of the initial collation process, the subsequent re-collations, and the specific allegations of irregularities raised by both the NPP and the NDC. The High Court’s decision will have a significant impact on the final composition of parliament and the political landscape of Ghana.
The legal wrangling surrounding these constituencies highlights the fragility of the electoral process and the importance of upholding the principles of fairness and transparency. The Supreme Court’s intervention and its emphasis on natural justice underscores the crucial role of the judiciary in safeguarding the integrity of democratic processes. The upcoming High Court proceedings will be closely watched, with the nation anticipating a resolution that upholds the rule of law and ensures a fair and just outcome for all parties involved. The ultimate declaration of the results in these contested constituencies will have a direct bearing on the balance of power in parliament and will likely shape the political discourse in Ghana in the foreseeable future.
