The National Democratic Congress (NDC) has initiated legal proceedings against Ghana’s Electoral Commission (EC), seeking to prevent the re-collation of results in five constituencies where the party’s parliamentary candidates were declared winners.
Filed on Monday, December 16, 2024, the lawsuit challenges the EC’s authority to revisit declared results, arguing that the Commission is “functus officio,” meaning its mandate to alter declared outcomes has expired. The NDC contends that any disputes over election results should be resolved exclusively by the High Court, as stipulated in Ghana’s Constitution.
The constituencies in question are Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central, and Obuasi East. The NDC’s candidates in these areas, Faustina Elikplim Akurugu, Baba Sadiq, Ewurabena Aubynn, Ebi Bright, and Samuel Aboagye are listed as co-applicants in the case.
Among the reliefs sought, the NDC is asking the court to prohibit the EC from recounting or re-declaring results in the five constituencies and to compel the Commission to publish the declared results in the official gazette. The party also seeks to nullify the EC’s December 13 press statement, which deemed the results in some constituencies invalid due to alleged irregularities and threats against its officers.
The legal action comes amid ongoing disputes over the parliamentary election results from the December 7 polls, with the EC temporarily suspending re-collation efforts in the affected constituencies.
The case underscores growing tensions between the NDC and the EC, as both sides await the court’s decision on this high-stakes electoral matter.
Details of reliefs being sought
a). A declaration that the Respondent having declared the parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Obuasi East constituencies with the 2nd, 3rd, 4th, 5th and 6th Applicants’ respectively being the declared winners of the elections in the named constituencies, the Respondent has become functus officio and therefore cannot re-collate, recount and re-declare the results of the already declared election results in the stated constituencies;
b). An Order prohibiting the Respondent from re-collating, re-counting and re-declaring the already collated and declared parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Obuasi East constituencies;
c). A declaration that by virtue of Article 99 of the 1992 Constitution of the Republic of Ghana and Section 16 of PNDCL 284, it is the High Court of Ghana that has the exclusive original jurisdiction to invalidate the declaration of Parliamentary election results and not the Respondent;
d). A declaration that the purported declaration by the Respondent in its press conference held on the 13th day of December, 2024 that the declaration of Parliamentary results for Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies as illegal and invalid on grounds of purported threats by the 1s, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers and or the purported failure by the Respondent’s officers to follow legal procedures outlined in CI 127 in declaring the results due to alleged threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers violates Article 99 of the 1992 Constitution, Sections 16 and 20 of PNDCL 284 hence null, void and of no legal effect;
e). An Order of certiorari quashing the decision of the Respondent purportedly nullifying the parliamentary election results in Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies in its press conference held on the 13th day of December, 2024;
f). A declaration that the decision of the Respondent to purportedly nullify the declaration of parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies in which the and, 3rd, 4th and 6th Applicants are the declared winners of the elections in the said constituencies respectively on grounds of purported threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers and or the purported failure by the Respondent’s officers to follow legal procedures outlined in CI 127 in declaring the results due to alleged threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers without affording the 1st, and, 3rd, 4th and 5th Applicants the right to be heard violates the 1st, 2nd, 3rd, 4th and 5th Applicants’ right to be heard hence the said decision is null, void and of no legal effect;
g). An Order of certiorari quashing the purported decision of the Respondent nullifying the declaration of parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies on grounds of the breach of the audi alteram partem rule;
h). An Order directed at the Respondent to submit for publication in the gazette the electoral results of the 2nd, 3rd, 4th, 5th and 6th Applicants;
i). An Order of perpetual injunction restraining the Respondent, its assigns, agents, privies, servants, employees, workmen and any other person acting on its behalf without an order of a court of competent jurisdiction; from re-collating and or recounting and re-declaring the declared election results in the constituencies in contention;
j. Any further or other remedy as this Honourable Court may deem fit.
