The Supreme Court has quashed an order by the Accra High Court for the Electoral Commission (EC) to re-collate the parliamentary results of four constituencies.
In a 5-0 ruling, the Apex Court annulled the re-collated results for four constituencies—Okaikwei Central, Ablekuma North, Tema Central, and Techiman South—and ordered the Accra High Court to reconsider the National Democratic Congress’s (NDC) mandamus application regarding these areas.
The Court highlighted that the presiding High Court judge failed to grant the NDC, as an interested party, a hearing on their application to join the New Patriotic Party’s (NPP) mandamus request.
This procedural lapse, the Supreme Court ruled, undermined the principles of natural justice, prompting the need for a review of the High Court’s earlier decision.
The ruling follows contentious legal battles over the December 20 High Court directive, which ordered the Electoral Commission (EC) to re-collate results in nine disputed constituencies. Both NDC and NPP parliamentary candidates sought legal redress, alleging anomalies in the collation and declaration processes.
Despite opposition from the NDC, the EC proceeded with re-collation in seven constituencies, all won by NPP candidates.
However, the re-collation processes for Dome/Kwabenya and Ablekuma North remain incomplete.
The Supreme Court’s decision now leaves the results of these constituencies in further legal limbo.
While the Apex Court upheld the re-collated results for Nsawam Adoagyiri and Ahafo Ano South West, its decision to overturn the outcomes for the four constituencies underscores the judiciary’s role in ensuring procedural adherence and safeguarding electoral integrity.
Justice Gabriel Pwamang, delivering the ruling, emphasized the Court’s commitment to examining each case’s unique circumstances and exercising discretionary powers judiciously.
He stated, “Since the orders which have been brought to be quashed are separate and distinct, we have decided to exercise our discretionary power to quash by certiorari, having regard to the peculiar circumstances of each ruling.”
This landmark judgment has significant political implications.
It not only reinforces the importance of due process but also sends a clear message about the judiciary’s commitment to upholding constitutional mandates in electoral disputes.
Stakeholders and constituents now await the High Court’s reconsideration of the affected constituencies.
