A lecturer at the University of Ghana Law School, Clara Beeri Kasser-Tee is at a loss as to why the Electoral Commission (EC) failed to act fairly by hearing the National Democratic Congress (NDC)’s side in the ongoing parliamentary election re-collation disputes.
Her comments follow the Supreme Court’s decision on Thursday, December 26, to quash the re-collated results for Tema Central, Ablekuma North, Techiman South, and Okaikwei Central in the 2024 parliamentary elections.
The apex court ruled that the trial judge had violated the NDC candidates’ right to a hearing at the High Court.
Speaking on JoyNews’ Newsfile, Mrs Kasser-Tee underscored the EC’s responsibility to handle allegations of irregularities impartially.
“The EC cannot dismiss allegations of duress and non-compliance outright, nor can they accept them wholesale. Upon the allegation being made, the EC has a duty to act fairly and reasonably,” she said on Saturday, December 28.
She reiterated that fairness required the EC to hear from all parties involved before making decisions.
“The persons the allegations have been made against must be given an opportunity to be heard. Fraud vitiates everything, but allegations of fraud do not. They must be established. What I didn’t see here is how those allegations were substantiated,” she noted.
The lecturer added that fairness in decision-making fosters respect, even when outcomes may not favour all parties.
“As an administrative body, treating everyone fairly and giving all sides an opportunity to be heard builds trust, even when people are unhappy with the decisions,” she stated.
The Supreme Court’s ruling, which does not affect the results for Ahafo Ano North and Nsawam Adoagyiri, also highlighted procedural flaws.
While invalidating the re-collation results, the court ordered that the mandamus application remain active and be reheard by a different judge on Tuesday, December 31.
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