In a landmark ruling on Friday, the Supreme Court of Ghana has annulled the re-collated parliamentary election results for Okaikwei Central, Ablekuma North, Tema Central, and Techiman South, overturning the Electoral Commission’s (EC) declarations for these constituencies.
This ruling comes amid intense legal and political disputes surrounding the re-collation process, which has been contentious since its initiation. The Court’s decision highlights the crucial role of the judiciary in safeguarding the integrity of the electoral process and ensuring adherence to constitutional and procedural requirements.
While the Court annulled the results in four constituencies, it upheld the collated results for Nsawam Adoagyiri and Ahafo Ano South West, leaving these constituencies unaffected by the judgment.
The decision is seen as a significant step in addressing electoral irregularities and ensuring that the Electoral Commission conducts its processes within the boundaries of the law. The ruling has brought clarity to some of the disputed constituencies, though it also raises questions about the future of the re-collation process in other areas.
This ruling follows a legal challenge mounted by the National Democratic Congress (NDC), which contested a controversial High Court order issued on December 20, directing the EC to re-collate results in nine disputed constituencies.
So far, the EC has re-collated results in seven constituencies, all of which were won by New Patriotic Party (NPP) candidates. However, the Dome/Kwabenya and Ablekuma North results remain unresolved, creating further political tension.
The NDC has strongly opposed the re-collation process, describing it as unlawful and flawed. The party argues that the High Court exceeded its jurisdiction, thus undermining the transparency and integrity of the electoral process. The NDC’s legal team has called the re-collation order “undemocratic” and politically motivated.
Delivering the ruling in Accra, Justice Gabriel Pwamang, the presiding judge, explained that the Court had exercised its discretionary power to quash the High Court’s orders due to the peculiar circumstances surrounding each ruling. Justice Pwamang stated, “Since the orders which have been brought to be quashed are separate and distinct, we have decided to exercise our discretionary power to quash by certiorari having regard to the peculiar circumstances of each ruling.”
Consequently, the Court declared that the orders of mandamus for the re-collation of results in Okaikwei Central, Ablekuma North, Tema Central, and Techiman South were invalid and therefore quashed.
