The Electoral Commission of Ghana (EC) finds itself embroiled in controversy following its decision to re-collate parliamentary results in certain constituencies disputed by the National Democratic Congress (NDC). Dr. Rashid Tanko-Computer, the NDC’s Deputy Director of Elections and IT, has vehemently accused the EC of disseminating misinformation to the public in an attempt to legitimize the re-collation process. He argues that the EC’s justification, based on precedents from past elections, is flawed and ignores the current legal framework governing electoral procedures. Tanko-Computer asserts that the existing Constitutional Instrument (CI), enacted in 2020, explicitly prohibits re-collation after the declaration of results, rendering the EC’s actions illegal. The NDC has subsequently filed a lawsuit with the Supreme Court, challenging the legality of the re-collation and seeking to prevent what it perceives as an attempt to undermine the will of the electorate.

The heart of the dispute lies in the interpretation and application of the relevant electoral laws. The EC maintains that its decision to re-collate results is consistent with past practices, citing instances from the 2004 and 1998 elections where similar procedures were implemented to resolve disputes. However, Dr. Tanko-Computer contends that the EC’s reliance on these precedents is misleading and ignores the significant changes introduced by the current CI. He emphasizes that each electoral cycle operates under a specific CI, and the 2020 CI, unlike its predecessors, does not provide for re-collation after results have been officially declared. This discrepancy in interpretation has fueled the ongoing legal battle between the NDC and the EC.

The NDC’s primary concern stems from the potential for manipulation and subversion of the democratic process. Dr. Tanko-Computer alleges that the EC’s actions are a deliberate attempt to disenfranchise voters and alter the outcome of the elections. By re-collating results in select constituencies, the NDC argues, the EC risks undermining the integrity of the entire electoral process and eroding public trust in the institution. The party’s decision to pursue legal action reflects its determination to safeguard the sanctity of the ballot box and ensure that the will of the people is respected.

The controversy surrounding the re-collation process raises critical questions about the transparency and accountability of the EC. Dr. Tanko-Computer’s accusations of misinformation and disregard for the law cast a shadow over the EC’s credibility and raise concerns about its impartiality. The NDC’s legal challenge seeks not only to rectify the alleged illegality but also to hold the EC accountable for its actions and prevent future occurrences of such disputed practices. The outcome of the Supreme Court case will have significant implications for the future of Ghana’s electoral landscape.

The legal battle between the NDC and the EC underscores the importance of clear and unambiguous electoral laws. The conflicting interpretations of the relevant CI highlight the need for greater clarity and precision in the drafting and implementation of electoral regulations. Ambiguity in legal frameworks can create loopholes that are susceptible to exploitation and can undermine the integrity of the electoral process. A comprehensive review and clarification of the electoral laws are crucial to ensuring transparency, fairness, and public confidence in the electoral system.

The controversy surrounding the re-collation of parliamentary results has broader implications for Ghana’s democracy. The accusations of manipulation and disregard for the law, if proven, could erode public trust in the electoral system and undermine the legitimacy of the elected government. It is essential that all stakeholders, including the EC, political parties, and civil society organizations, work together to ensure that elections are conducted in a free, fair, and transparent manner. The integrity of the electoral process is fundamental to the health and stability of Ghana’s democracy.

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