The Supreme Court has nullified the re-collated parliamentary election results for Okaikwei Central, Ablekuma North, Tema Central, and Techiman South, overturning the Electoral Commission’s (EC) declarations in these constituencies. This ruling, delivered on Friday in Accra, underscores the judiciary’s critical role in safeguarding the integrity of Ghana’s electoral process by addressing irregularities and ensuring adherence to constitutional and procedural requirements.
The annulment follows months of legal and political disputes arising from the re-collation process, which had been directed by a controversial High Court order on December 20. The National Democratic Congress (NDC) initiated the legal challenge, vehemently opposing the re-collation directive and describing it as both unlawful and flawed. The party argued that the High Court exceeded its jurisdiction and undermined the transparency and credibility of the electoral process.
The High Court’s order had mandated the EC to re-collate election results in nine constituencies where disputes had arisen. So far, the EC has re-collated results in seven of these constituencies, all of which were declared in favor of the New Patriotic Party (NPP) candidates. However, the results for Dome/Kwabenya and Ablekuma North remain unresolved. The NDC, dissatisfied with the outcomes of the re-collation, brought the case to the Supreme Court for redress.
In its ruling, the Supreme Court nullified the re-collated results for Okaikwei Central, Ablekuma North, Tema Central, and Techiman South. Presiding over the case, Justice Gabriel Pwamang noted that the High Court had violated the rights of the NDC parliamentary candidates to a fair hearing during the re-collation process. He emphasized that the court exercised its discretionary power to quash the orders of mandamus issued by the High Court, which had directed the EC to undertake the re-collation.
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, we hereby quash the orders of mandamus made for the collation of results by the EC in the following constituencies: Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.”
The ruling effectively overturns the declarations made by the EC in these constituencies based on the re-collated results. However, the Supreme Court upheld the re-collated results for Nsawam Adoagyiri and Ahafo Ano North, leaving them unaffected by the decision. This nuanced judgment highlights the judiciary’s careful consideration of the circumstances surrounding each constituency’s case.
The NDC welcomed the ruling as a significant victory, reiterating its stance that the re-collation process was marred by irregularities and lacked legal grounding. The party had consistently maintained that the High Court’s directive undermined the rights of their parliamentary candidates and the broader principles of electoral fairness.
The controversy surrounding the re-collation process has brought Ghana’s electoral framework into sharp focus. The NDC has accused the EC of acting in a partisan manner by allegedly favoring the NPP in the disputed constituencies. The party argued that the re-collation exercise was conducted without transparency and that its candidates were not given a fair opportunity to present their case during the process.
For its part, the EC has defended its actions, stating that it was merely complying with the High Court’s order. However, the annulment of the re-collated results for four constituencies raises questions about the commission’s adherence to procedural standards and its role in ensuring the credibility of the electoral process.
The Supreme Court’s decision also has significant implications for the affected constituencies. With the annulment of the re-collated results, the original declarations made by the EC are rendered void. This development creates uncertainty for both the NDC and the NPP, as it remains unclear how the dispute will be resolved moving forward.
Despite the annulment, the Supreme Court clarified that the mandamus application, which formed the basis of the High Court’s directive, remains active. The application is scheduled to be heard by the High Court on Tuesday, December 31. This means that the legal battle over the disputed constituencies is far from over, and the outcome of the High Court hearing could further influence the political landscape.
The Supreme Court’s ruling has sparked widespread reactions across the political spectrum. Supporters of the NDC have hailed the judgment as a triumph for justice and a reaffirmation of the rule of law. On the other hand, NPP loyalists have expressed disappointment, arguing that the annulment undermines the mandate given to their candidates by voters.
This landmark judgment underscores the judiciary’s pivotal role in ensuring accountability and fairness in the electoral process. It also highlights the importance of adhering to constitutional and procedural requirements to maintain public confidence in the democratic system. As the political parties await the outcome of the upcoming High Court hearing, the focus will remain on how the electoral disputes are ultimately resolved.
The controversy over the re-collation process has also reignited debates about the need for electoral reforms in Ghana. Observers have called for greater transparency and stronger safeguards to prevent similar disputes in future elections. The annulment of the re-collated results for four constituencies serves as a reminder of the challenges facing the country’s electoral system and the need for continuous improvement to uphold democratic principles.
In the meantime, the affected constituencies face a period of uncertainty as they await a resolution to the legal disputes. The Supreme Court’s judgment has set a precedent that could influence how electoral disputes are handled in the future. It also reinforces the judiciary’s role as a guardian of constitutional rights and a check on the actions of other branches of government.
As the High Court prepares to hear the mandamus application, all eyes will be on the judiciary to see how it navigates the complex legal and political issues at play. The outcome of the hearing will have far-reaching implications not only for the affected constituencies but also for the broader integrity of Ghana’s electoral process.
The Supreme Court’s decision to annul the re-collated results for Okaikwei Central, Ablekuma North, Tema Central, and Techiman South marks a significant development in the ongoing electoral disputes. It underscores the importance of upholding constitutional principles and ensuring that the rights of all parties are protected in the pursuit of a fair and transparent electoral process.
