NDC goes to court to prevent some parliamentary results re-collation

The National Democratic Congress (NDC) has taken legal action to prevent the Electoral Commission (EC) from re-collating and redeclaring parliamentary results for Dome-Kwabenya, Okaikwei Central, Ablekuma North, Tema Central, and Obuasi East constituencies.

The party contends that the EC no longer has the authority to revisit the results after they were initially declared.

This move comes amid ongoing disputes over the initial collation process. The EC had earlier invalidated the results for Dome-Kwabenya, Okaikwei Central, Ablekuma North, and Tema Central, citing procedural irregularities.

At a press briefing on Friday, December 13, Deputy EC Chair for Operations Samuel Tettey explained that the results were invalidated due to non-compliance with procedures outlined in CI 127. He added that police were present to ensure a smooth re-collation process.

However, the NDC and five applicants, including candidates Faustina Elikplim Akurugu, Baba Sadiq, Ewurabena Aubynn, Ebi Bright, and Samuel Aboagye, argue that the EC has become “functus officio” — a legal term meaning it has exhausted its mandate.

The party is seeking a court order to bar the EC from re-collating, recounting, or redeclaring the results. In their notice of motion, they request a declaration that the EC is no longer authorized to revisit the parliamentary results for these constituencies.

The legal action raises questions about the EC’s authority and the broader implications for electoral transparency and governance.

Already the NDC’s Parliamentary Candidate for Trobu, Dr. John Kofi Halm, has filed a Parliamentary Election Petition, contesting the validity of the recent parliamentary election held in the constituency.

Dr. Halm claims that the election held on December 7 was marred by up to 98 irregularities across 288 polling stations.

He argued that the process did not comply with Regulation 39 of the Public Elections Regulations, 2000 (C.I. 127), as well as its guiding principles.

As part of the petition, he is seeking an order to nullify the election results from the 98 affected polling stations and to mandate a rerun in those areas.

Furthermore, he has requested the court to prevent the Clerk of Parliament from swearing in the New Patriotic Party (NPP) candidate, Gloria Owusu, who was declared the winner by the Electoral Commission.

Source: myjoyonline.com