The Accra High Court has issued a significant directive to the Electoral Commission (EC) of Ghana, mandating the completion of outstanding collation processes and the declaration of final parliamentary results for the Tema Central and Ablekuma North constituencies by January 6, 2025. This directive comes as a response to mandamus applications filed against the EC, urging the court to compel the commission to adhere to established legal procedures in the collation and declaration of election results. The court’s rulings emphasize the paramount importance of transparency and due process in electoral matters, ensuring the integrity and credibility of the democratic process.
In the Tema Central Constituency, the court’s order focuses on the collation of results from two remaining polling stations out of a total of 148. While the EC had previously declared Ebi Bright as the winner based on the collation of results from 146 polling stations, the court deemed this declaration invalid due to a procedural irregularity. Specifically, the declaration was not made by the designated Returning Officer, a legal requirement that safeguards against potential manipulation and ensures accountability. The court’s directive mandates that the EC complete the collation of the outstanding results from the two remaining polling stations and subsequently declare the final results through the officially appointed Returning Officer. This process must be completed by January 6, 2025, under the watchful eye of adequate security provided by the Inspector General of Police at the Regional Collation Centre.
The situation in the Ablekuma North Constituency presents a similar challenge, although on a larger scale. Out of 281 polling stations in the constituency, the EC had only collated results from 219 before declaring a winner. This omission of a substantial number of polling stations – 62 in total – represents a significant breach of electoral procedure and raises concerns about the accuracy and fairness of the declared outcome. The High Court, recognizing the gravity of this procedural lapse, has ordered the EC to collate the results from all 62 outstanding polling stations and declare the final parliamentary election results by the same deadline of January 6, 2025.
Both rulings underscore a critical principle in democratic elections: adherence to established legal and procedural guidelines. The integrity of an election hinges on the transparency and meticulousness with which votes are counted, collated, and declared. Bypassing or neglecting these procedures, even if unintentionally, can undermine public trust in the electoral process and cast doubt on the legitimacy of the results. The court’s intervention in these cases serves as a crucial reminder of the importance of due process and the need for electoral bodies to operate within the bounds of the law.
The requirement for the Returning Officer to make the official declaration is not merely a formality but a vital safeguard against potential irregularities. The Returning Officer is a neutral arbiter entrusted with the responsibility of overseeing the collation process and ensuring that the results accurately reflect the will of the voters. Bypassing this crucial step creates an opportunity for manipulation or misrepresentation of the results, potentially disenfranchising voters and undermining the democratic process. The court’s emphasis on this procedural requirement reaffirms the importance of maintaining the integrity of the electoral chain of custody.
The court’s imposition of a deadline for the completion of the collation and declaration processes demonstrates its commitment to resolving these electoral disputes expeditiously. Delayed results can create uncertainty and tension, potentially fueling public distrust and undermining the stability of the political landscape. By setting a clear deadline, the court aims to ensure a swift resolution to these matters, allowing the democratic process to move forward and ensuring that the voices of all voters are accurately represented. The involvement of the Inspector General of Police in providing security at the collation centers further underscores the court’s commitment to ensuring a transparent and peaceful conclusion to these electoral processes. This combined approach of legal oversight and security measures reinforces the rule of law and strengthens public confidence in the integrity of Ghana’s electoral system.
