The Electoral Commission (EC) of Ghana has been dragged before the High Court in Accra over its decision to conduct a partial rerun of parliamentary elections in 19 polling stations within the Ablekuma North Constituency.
The suit was filed by Nana Akua Owusu Afriyie, the New Patriotic Party’s (NPP) parliamentary candidate for the constituency, who is challenging the legality of the EC’s July 1 directive to rerun the election on July 11, 2025. The former Member of Parliament contends that the decision violates a previous High Court ruling and lacks lawful basis.
In a recent interview, Madam Afriyie rejected the EC’s justification for the rerun, insisting that she won the December 7, 2024, parliamentary election “fair and square.”
She cited pink sheet results in her possession, arguing that the collation process was nearly concluded before the commission abruptly announced plans for a rerun—a move she describes as having been made in “bad faith.”
She has now backed her objections with legal action, filing an application for judicial review seeking to quash the EC’s decision and block the upcoming rerun.
Her application, which includes a 29-paragraph supporting affidavit, argues that the commission acted “arbitrarily, capriciously, and in excess of its jurisdiction.”
Central to her legal argument is the claim that the EC’s decision contradicts a January 4, 2025, High Court order. That ruling, delivered by Justice Forson Agyapong Baah, directed the EC to collate and declare the results from all 281 polling stations in the constituency—not to conduct fresh elections.
The suit asserts that the commission’s failure to comply with the court order constitutes a disregard for the rule of law.
Madam Afriyie’s legal team also argues that Regulation 42 of Constitutional Instrument (C.I.) 127 allows reruns only in the event of a tie, which the EC has not declared.
Furthermore, the suit challenges the commission’s reliance on unverified scanned pink sheets in reaching its decision, describing the move as unreasonable and procedurally improper.
The controversy stems from the December 2024 parliamentary election, which was disrupted by violence and confusion during the collation process.
Supporters of the National Democratic Congress (NDC) allegedly stormed collation centers, destroyed ballot materials, and disrupted proceedings.
Following that chaos, the EC suspended the collation and later cited security concerns and disputes over results from 37 polling stations, which were eventually narrowed down to 19 for the proposed rerun.
In a letter dated July 1 and a follow-up press release, the EC defended its decision, stating that the 19 polling station results could not be authenticated because they lacked signatures from presiding officers.
It argued that a rerun was necessary to preserve the credibility and transparency of the electoral process. However, critics have accused the commission of yielding to political pressure, further fueling concerns about its independence.
The NPP has described the lawsuit as a stand to uphold electoral integrity, while the NDC maintains that a rerun is the only viable path toward a fair and credible outcome.
The case has reignited longstanding debates about the impartiality of the EC and its ability to manage politically sensitive electoral disputes.
With the July 11 rerun date fast approaching, the High Court is expected to treat the matter with urgency. Madam Afriyie’s legal team, led by lawyer Gary Nimako Marfo, is seeking an order of certiorari to quash the EC’s directive, an order of prohibition to prevent the planned rerun, and a directive compelling the commission to comply with the earlier court ruling.
