The High Court in Accra has directed the Electoral Commission (EC) to finalize the collation of election results in the constituencies of Tema Central, Ablekuma North, Okaikwei Central, and Techiman South by January 6, 2025. This ruling comes in response to mandamus applications filed by candidates of the New Patriotic Party (NPP) in the affected constituencies.
Justice Forson Agyapong, who presided over the case, emphasized the legal basis for granting mandamus applications. He explained that such applications succeed when it is proven that a public authority has failed to perform a duty required by law. In this case, the EC’s failure to complete the collation of results in the specified constituencies constituted a breach of its statutory obligations.
Justice Agyapong outlined the principles guiding mandamus applications, noting that applicants must establish one or more of the following: a lack or excess of jurisdiction, error of law on the face of the proceedings, failure to follow the rules of natural justice, or Wednesbury unreasonableness. Additionally, the applicant must demonstrate the existence of a public duty, a demand for the duty to be carried out, and substantial prejudice resulting from its neglect.
In the case of Tema Central, the judge found that the EC had not fulfilled its duty to collate all results, as two polling stations were excluded from the process. He stressed that only the declaration made by the designated returning officer is legally valid, rendering any alternative declarations void.
For Ablekuma North, Justice Agyapong ruled that the EC’s decision to base its declaration on results from 219 out of 281 polling stations was incomplete, leaving 62 polling stations unaccounted for. He stated that such an omission violated the EC’s obligation to ensure comprehensive collation of all polling station results.
Similarly, in Okaikwei Central, the judge determined that the EC failed to perform its public duty by declaring results based on only 110 out of 141 polling stations. This significant gap in collation meant that the final results did not reflect the true outcome of the election in the constituency.
The situation in Techiman South was even more striking. The EC declared results based on just 135 out of 282 polling stations, leaving nearly half of the constituency’s polling station results uncollated. Justice Agyapong emphasized that such a substantial omission undermines the credibility and integrity of the electoral process.
The court also directed the Inspector General of Police to provide adequate and armed security during the collation exercises to ensure a safe and orderly process. This directive underscores the importance of maintaining peace and security while addressing the irregularities identified in the affected constituencies.
The judge ordered the EC to collate the outstanding polling station results in these four constituencies and incorporate them into the previously declared results. Once the collation is complete, the EC is required to make the final declarations, reflecting the full and accurate outcome of the elections in these constituencies.
This ruling serves as a significant reminder of the EC’s statutory responsibilities and the legal mechanisms available to hold public authorities accountable for lapses in their duties. It also highlights the judiciary’s role in safeguarding the democratic process by ensuring that electoral disputes are resolved in accordance with the law.
By mandating the collation of outstanding results, the High Court has reinforced the principle that the will of the electorate must be accurately reflected in the final outcomes of elections. This decision not only seeks to address the specific issues raised in the mandamus applications but also sets a precedent for ensuring greater accountability and transparency in future electoral processes.
As the EC works to comply with the court’s directives, all eyes will be on the outcomes of the collation exercises in Tema Central, Ablekuma North, Okaikwei Central, and Techiman South. The timely and accurate collation of results is essential to restoring public confidence in the electoral process and upholding the principles of fairness and justice.
This case has drawn widespread attention, particularly in light of the significant implications for the integrity of Ghana’s electoral system. It underscores the importance of vigilance in ensuring that public institutions adhere to their legal obligations and fulfill their mandates in a manner that respects the rights of all stakeholders.
The affected constituencies represent a microcosm of the broader challenges facing electoral management in Ghana. While the EC has played a pivotal role in facilitating democratic elections over the years, the lapses identified in this case highlight the need for continuous improvement and adherence to best practices.
The involvement of the judiciary in addressing these lapses reflects the robust system of checks and balances that underpins Ghana’s democratic framework. By holding the EC accountable for its actions, the High Court has demonstrated its commitment to upholding the rule of law and ensuring that electoral disputes are resolved in a fair and transparent manner.
As the January 6 deadline approaches, stakeholders, including political parties, civil society organizations, and the general public, will be closely monitoring the collation process. The outcome of these exercises will not only determine the final results in the affected constituencies but also shape perceptions of the EC’s credibility and effectiveness in managing elections.
The directive for armed police presence during the collation exercises further underscores the importance of maintaining a secure environment for the process. This measure aims to prevent any potential disruptions or conflicts that could undermine the integrity of the collation exercises.
In conclusion, the High Court’s ruling represents a pivotal moment in Ghana’s electoral history. By directing the EC to complete the collation of results in Tema Central, Ablekuma North, Okaikwei Central, and Techiman South, the court has reaffirmed the fundamental principles of democracy, transparency, and accountability. This decision serves as a reminder that the rule of law remains the cornerstone of Ghana’s democratic system and a guarantor of the people’s will.
