The National Democratic Congress (NDC) has filed a lawsuit to prevent the Electoral Commission (EC) from re-collating and redeclaring the parliamentary results for the Dome-Kwabenya, Okaikwei Central, Ablekuma North, Tema Central, and Obuasi East constituencies.
According to the NDC, the EC no longer has the authority to carry out such processes after declaring results for these constituencies.
The lawsuit comes amid unresolved tensions over the initial results, which the EC had earlier declared invalid. The EC cited procedural irregularities as the basis for its decision.
During a press briefing on Friday, December 13, Samuel Tettey, Deputy EC Chair for Operations, stated that the results for Dome-Kwabenya, Okaikwei Central, Ablekuma North, and Tema Central could not be upheld because they failed to comply with the electoral procedures outlined in CI 127.
He noted that, the re-collation process was conducted under police supervision.
In its legal filing, the NDC and five parliamentary candidates argue that the EC, having already declared winners for the constituencies, has become “functus officio”—a legal principle meaning it no longer has the power to take further action on the matter.
The plaintiffs in the case include Faustina Elikplim Akurugu (Dome-Kwabenya), Baba Sadiq (Okaikwei Central), Ewurabena Aubynn (Ablekuma North), Ebi Bright (Tema Central), and Samuel Aboagye (Obuasi East).
The plaintiffs are seeking a court order to prohibit the EC from re-collating, recounting, or redeclaring the parliamentary results for these constituencies.
They are also asking for a declaration that, under Article 99 of Ghana’s 1992 Constitution and Section 16 of PNDCL 284, only the High Court has the exclusive jurisdiction to invalidate parliamentary election results.
“A declaration that by virtue of Article 99 of the 1992 Constitution 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,” the notice of motion stated.
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