The High Court in Accra has ordered the Electoral Commission (EC) to collate the results of 31 outstanding polling stations in the Okaikwei Central Constituency and declare the winner through its duly appointed returning officer.
This ruling was delivered by Justice Forson Baah Agyapong after upholding a mandamus application filed by Patrick Yaw Boamah, the New Patriotic Party’s (NPP) parliamentary candidate in the December 7, 2024, elections.
The Court also directed the Inspector General of Police (IGP) to provide adequate security to enable the EC to carry out the collation process without disruptions.
The Court’s decision followed claims that Baba Sadiq, the National Democratic Congress (NDC) parliamentary candidate, was unlawfully declared the winner.
It was revealed that disruptions caused by thugs at the collation center halted the process, leaving results from 31 polling stations uncollated.
The EC had not completed its constitutional and statutory duty at the time of the declaration.
The Court emphasized that under the 1992 Constitution and Public Elections Regulations (C.I. 127), the EC is mandated to declare results based on the collation of all polling station results.
Justice Forson Baah Agyapong ruled that the premature declaration of the NDC candidate without including the results from the 31 polling stations was irregular, unlawful, and procedurally improper.
The High Court issued a mandamus order compelling the EC to complete the collation and declare the final results by January 6, 2025.
The ruling also reaffirmed that only the EC’s authorized returning officer can declare the winner of a parliamentary election, as stipulated by law.
This judgment underscores the critical need for strict adherence to electoral laws and procedures, emphasizing the importance of ensuring the integrity and transparency of Ghana’s democratic processes.
It also highlights the role of law enforcement in maintaining order and protecting the credibility of elections.
