Justin Amenuvor, counsel for the Electoral Commission (EC), has urged the Accra High Court to issue orders enabling the EC to complete the collation process in the disputed collation centers.
Speaking during the hearing of a mandamus application on Wednesday, January 1, 2025, Mr. Amenuvor emphasized that a failure to act would set a dangerous precedent for Ghana’s democracy.
“If this court does not make the appropriate orders for the EC to finish its work in the presence of the limited number of persons outlined in the Constitutional Instrument (C.I. 127), it will establish a dangerous precedent where thugs and hoodlums can invade collation centers, raise the hand of someone holding an A4 sheet, and claim a declaration has been made without the proper forms prescribed in the C.I.,” he warned.
The legal representatives of the New Patriotic Party (NPP) supported the call, alleging that intimidation and irregularities prevented the completion of collation in the Tema Central Constituency.
Gary Nimako Marfo, counsel for the NPP, argued that the individual who purportedly declared the National Democratic Congress (NDC) candidate Ebi Bright as the winner was not the official EC returning officer.
Presenting his case, Mr. Marfo referred to a video played in open court, alleging that the person seen holding an A4 sheet during the declaration was one Mr. John Nunoo, and not the designated EC returning officer, Mr. Kwesi Brobbey.
He therefore urged the court to compel the EC to complete the collation process and declare the rightful winner of the constituency.
The video also captured a statement from Malik Basintale, Deputy National Communications Officer of the NDC, who said, “Our issue is not with the police; our issue is with the EC officer.
We will bring him out to declare Ebi Bright.
Whether he likes it or not, he will declare the results here, and if the NPP does not like it, they can go to court.”
In his submission, Mr. Marfo argued that allowing the declaration to stand without proper collation would undermine electoral integrity.
“If the position canvassed in the affidavit in opposition of the interested parties is made to stand, it will create a dangerous precedent in this country,” he said.
He stressed that proper collation requires incorporating all polling station votes and adhering to legal procedures.
“Collation without incorporating the entire polling station votes can never be called collation in the eyes of the law.
It disenfranchises voters who have exercised their constitutional right,” Mr. Marfo stated.
The court is expected to rule on the application in the coming days, as the case highlights critical issues surrounding Ghana’s electoral process and the importance of adherence to constitutional provisions.
