Private legal practitioner, Justice Srem Sai has raised concerns over the legality of the Electoral Commission’s (EC) decision to recount votes in nine constituencies, seven of which were later redeclared in favour of the New Patriotic Party (NPP).
The recount and redeclaration, which took place on Saturday, December 21, 2024, have sparked controversy following the December 7 parliamentary elections.
The EC defended its actions by citing alleged errors in the initial results. After the recount, the NPP was declared the winner in seven constituencies, including Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.
The EC further explained that in some cases, all party representatives agreed that errors occurred during the collation process.
However, this justification has not eased concerns from legal experts and political observers, who argue that the EC may have overstepped its legal authority.
Speaking on the Citi News on Monday, December 23, Justice Srem Sai said the difference between correcting procedural errors and resolving electoral disputes.
He said resolving disputes falls under the jurisdiction of the courts, raising questions about whether the EC adhered to the legal framework for handling election-related controversies.
“There were situations where all the parties agreed that there were mistakes, and that is without dispute. However, when there is a dispute, the law requires that the declaration be gazetted before one can challenge the outcome in court. There is, however, a perspective that the EC can correct its own mistake, and that’s why we are surprised that the EC is now saying it has made a mistake and wants to correct it. This is not simply a correction; it is a dispute. When one party says one thing and another says something different, it becomes a dispute. Allegations of lawlessness or illegalities, as the EC has suggested in these cases, cannot be properly resolved outside of the court system.”
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