High Court Rejects NDC’s Preliminary Objection on Re-Collated Results
The Accra High Court has dismissed a preliminary objection raised by the National Democratic Congress (NDC) against an application filed by the New Patriotic Party (NPP). The application seeks an order compelling the Electoral Commission (EC) to re-collate and declare the results of four disputed constituencies. The constituencies in question are Okaikwei Central, Ablekuma North, Tema Central, and Techiman South. Following the dismissal of the objection, the court is now hearing arguments on whether the EC should proceed with the re-collation and declaration of results. TV3’s court correspondent, Laud Adu Asare, reported on Wednesday, January 1, 2025, that Justice Baah Forson Agyapong ruled in favor of the NPP’s application, stating that the request for judicial review was not an election petition. He emphasized that the court’s jurisdiction had been properly invoked in the matter. The Supreme Court had earlier intervened, directing the Accra High Court to reconsider the NDC’s motion to be joined to the NPP’s application. In a unanimous 5-0 decision on December 27, 2024, the Apex Court indicated that the presiding judge erred in failing to give the NDC legal representation a hearing, despite their status as an interested party affected by the ruling. The NDC’s objection stemmed from a previous High Court directive instructing the EC to re-collate the results of nine disputed constituencies, including the four currently under review. The party argued that the results in these constituencies had already been declared, making the re-collation order unnecessary. The legal dispute dates back to a writ filed by aggrieved parliamentary candidates from both the NDC and the NPP, who alleged irregularities in the collation and declaration of results during the parliamentary elections. The candidates sought an order compelling the EC to organize fresh elections in the affected constituencies. On December 20, 2024, Presiding Judge Joseph Adu Owusu Agyeman ruled that the EC should proceed with re-collating the results for the Ablekuma North constituency. This decision was met with objections from NDC lawyers, led by Godwin Edudzi Tameklo, who argued that the declaration of results had already been completed. However, the court maintained that the alleged anomalies warranted a review of the results. The latest ruling marks a significant step in resolving the contentious electoral dispute, as the court proceeds to hear substantive arguments on the matter. The outcome is expected to have far-reaching implications for the affected constituencies and the broader electoral process.
Read more2024 Elections: EC Declares NDC’s Elikplim Akurugu Winner of Dome Kwabenya Constituency
In a historic turn of events, the Electoral Commission (EC) has officially declared Faustina Elikplim Akurugu, the National Democratic Congress (NDC) parliamentary candidate, as the winner of the 2024 parliamentary elections in the Dome Kwabenya constituency. This victory marks the first time the NDC has secured this traditionally New Patriotic Party (NPP)-held seat, making it a significant milestone in Ghana’s political landscape. Dome Kwabenya, a constituency previously dominated by the NPP, became a focal point of contention during the 2024 elections. The constituency was among nine disputed electoral areas that ended up in court due to disagreements between the two leading political parties, the NDC and NPP. Initially, the EC had declared Madam Akurugu the winner of the parliamentary contest. However, the declaration was rescinded after concerns were raised regarding the exclusion of results from three polling stations. This omission sparked intense debate and legal battles, prolonging the final determination of the winner. For three weeks, the matter was the subject of scrutiny both in the courtrooms and in public discourse. The back-and-forth litigation culminated in a final declaration by the EC on Tuesday, December 31, 2024, affirming Madam Akurugu as the legitimate winner of the Dome Kwabenya parliamentary race. Madam Akurugu secured 50,967 votes, narrowly edging out her closest contender, Mike Oquaye Jnr., the NPP candidate, who garnered 50,669 votes. The slim margin of victory underscores the highly competitive nature of the race. The seat, previously held by political heavyweights such as Prof. Aaron Mike Oquaye, who served as the Speaker of the 7th Parliament, and Sarah Adwoa Safo, a three-term MP and private legal practitioner, now passes to the NDC for the first time. This victory not only breaks the NPP’s dominance in Dome Kwabenya but also serves as a significant boost for the NDC, which has been seeking to expand its influence in key constituencies. Madam Akurugu’s triumph is being celebrated as a watershed moment for the NDC, symbolizing the potential for a more balanced political representation in constituencies previously considered strongholds of their opponents. The legal tussles over the Dome Kwabenya seat were part of a broader controversy involving nine disputed parliamentary seats nationwide. Following a directive by the High Court, a re-collation of votes was ordered in these constituencies to address the concerns raised by both parties. While the NPP managed to secure seven of the nine disputed seats after the re-collation, the NDC successfully retained one and emerged victorious in Dome Kwabenya. In…
Read moreSupreme Court Asserts Authority: Halts High Court’s Re-Collation Order in Electoral Dispute
December 25, 2024 – The Supreme Court of Ghana recently overturned a High Court decision regarding the Electoral Commission’s (EC) directive on re-collation of results in disputed parliamentary constituencies. This landmark judgment illustrates the judiciary’s critical role in shaping Ghana’s democratic and electoral landscape. The High Court had ordered a re-collation of results in certain constituencies following disputes surrounding parliamentary elections. The EC, tasked with managing electoral processes, had planned the re-collation as part of its mandate to ensure transparency and fairness. However, the Supreme Court, acting on appeals, stayed the High Court’s directive. This move has broader implications for the balance of power among Ghana’s judiciary, legislature, and independent institutions like the EC. By stepping in, the Supreme Court asserted its authority as the ultimate arbiter in constitutional and electoral disputes The decision was delivered by a panel of five eminent justices led by Chief Justice Gertrude Torkornoo. The panel included experienced judges such as Mariama Owusu, Samuel Kwame Adibu-Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare, each with a wealth of experience in both constitutional law and governance. Chief Justice Torkornoo, who has been pivotal in adjudicating past election-related cases, emphasized the importance of adhering to the Constitution and ensuring fairness in electoral processes. This ruling not only halts the re-collation process but also provides a legal framework for resolving electoral disagreements This case highlights the judiciary’s role in Ghana’s electoral integrity. By halting the re-collation, the Supreme Court underscored its role as a check on the decisions of lower courts and independent institutions. The judgment also sets a precedent for future election-related disputes, signaling that such matters must be carefully aligned with constitutional provisions. For the EC, the decision reflects the need to navigate electoral management within the bounds of judicial oversight, ensuring inclusivity and compliance The Supreme Court’s ruling reaffirms its position as the ultimate guardian of constitutional principles in Ghana. It emphasizes the necessity of upholding due process and protecting the democratic rights of citizens. While the judgment has halted the immediate re-collation, it underscores the enduring importance of judicial oversight in maintaining trust in Ghana’s democratic processes. This ruling may prompt further dialogue on how electoral disputes are managed in the future
Read moreSupreme Court to Hear NDC’s Election Collation Challenge on December 27
The Supreme Court of Ghana is set to hear an application from the National Democratic Congress (NDC) on December 27, 2024, regarding alleged irregularities in the collation of election results by the Electoral Commission. The NDC claims that the process lacked transparency, undermining the credibility of the results and potentially affecting the outcome. The legal challenge centers on concerns over procedural lapses during the collation phase, with the NDC arguing that the Electoral Commission failed to adhere to established guidelines meant to ensure fairness and accuracy. The party asserts that these irregularities have cast doubt on the legitimacy of the election outcomes, prompting their call for judicial intervention. In response, the Electoral Commission has maintained that it conducted the election and collation processes in full compliance with the law and established protocols. The Commission has emphasized its commitment to transparency, stating that the results reflect the will of the people. This legal dispute comes at a time of heightened political tension, with significant public attention on the judiciary’s handling of the case. The outcome of the hearing could have wide-reaching implications for Ghana’s electoral system, setting a precedent for how future grievances are managed and potentially influencing public trust in the country’s democratic institutions. The case also highlights broader concerns about electoral reforms and the need to strengthen mechanisms for transparency and accountability. Analysts note that the resolution of such disputes is critical for maintaining Ghana’s reputation as a stable democracy in the region. The December 27 hearing is expected to attract significant public and media attention, as it could reshape perceptions of the electoral process and democratic governance in Ghana. Stakeholders across the political spectrum are watching closely, with the court’s ruling likely to have lasting political and institutional impacts.
Read moreMensah Korsah Retains Techiman South Seat After Court-Ordered Re-Collation
Martin Adjei Mensah Korsah, the sitting Member of Parliament for Techiman South, has officially retained his parliamentary seat following a court-ordered re-collation of votes. The exercise, conducted under the supervision of the Electoral Commission (EC) at its regional office in Accra, affirmed his victory with 46,663 votes. His closest contender, Christopher Beyere Baasongti of the National Democratic Congress (NDC), garnered 43,429 votes, cementing Mensah Korsah’s position as the representative of the Techiman South constituency. The Techiman South constituency has been a contentious battleground since the 2024 elections, with both the New Patriotic Party (NPP) and the NDC laying claim to victory amid allegations of electoral irregularities. The controversy stemmed from discrepancies in vote counts, leading to heightened tensions between the two major political parties. The court’s decision to mandate a re-collation of votes was seen as a necessary step to uphold electoral transparency and resolve the impasse. The re-collation exercise, which unfolded in a peaceful and orderly manner, has been hailed as a critical demonstration of Ghana’s commitment to democratic principles. The Electoral Commission’s adherence to the court’s directive and the active participation of stakeholders ensured the credibility of the process. Observers have praised the judicial intervention, emphasizing the importance of institutional oversight in safeguarding electoral integrity and public trust in democratic systems. Mensah Korsah’s victory represents a significant win for the New Patriotic Party (NPP), reinforcing its position in Parliament and boosting its confidence following a fiercely contested election cycle. As the incumbent MP, Mensah Korsah has been known for his advocacy on local development issues and his active engagement with constituents. His re-election provides an opportunity to continue implementing his vision for Techiman South while addressing the pressing concerns of the electorate. The resolution of the Techiman South electoral dispute also serves as a broader example of how contentious electoral outcomes can be managed through lawful and transparent means. It underscores the importance of strong judicial systems and impartial electoral bodies in fostering peaceful resolutions to political disputes, ultimately strengthening Ghana’s democratic fabric.
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