According to him, the EC’s actions violate provisions of Constitutional Instrument (C.I.) 127 which clearly outline the processes for declaring and resolving disputes over parliamentary election results.

Mr Dafeamekpor explained that Regulation 39(2) and (3) of C.I. 127 specify the proper procedures for declaring election results, and there is no legal provision for the EC to reconsider declared results unless there is parity in votes, as stated in Regulation 42.

“The only opportunity given to the Electoral Commission to reconsider the outcome of a parliamentary election is contained in regulation 42 where there is parity of results. So, for instance, if myself and my brother contested in a certain constituency, and we both obtained 10 votes apiece, then the EC is mandated in law, under Regulation 42 of CI, 127, to actually conduct a rerun of the election.

That is the only, the only window that the Electoral Commission is given under the regulation governing our public elections to reconsider the outcome of parliamentary elections,” he stated.

His comment follows the announcement by the EC Chairperson Jean Mensa, on the Commission’s decision to re-collate results in some nine disputed constituencies.

Briefing the media on Thursday, December 19, she called on President Akufo-Addo to provide the Commission with adequate security to engage in this re-collation exercise.

In light of this, Mr Defeamekpor accused Jean Mensa of acting beyond her constitutional mandate, describing her as a “danger to our democracy, because, she cannot be a law unto itself.”

The South Dayi legislator noted that once results have been declared, only the courts have the authority to overturn or validate them.

“The Constitution is very clear in Article 99 clause one, paragraph A, that where a person is aggrieved or there’s a challenge in respect of whether or not the parliamentary seat of election to a Member of Parliament is in doubt, the High Court is the original jurisdiction in this matter.

“So where parliamentary results of parliamentary elections are in doubt in some respective constituencies, any person aggrieved with the declaration conducted by officials of the EC, the forum convenient to remedy in the matter is the High Court,” he explained.

Mr Dafeamekpor stated that the National Democratic Congress (NDC) has initiated legal actions in several constituencies, challenging the declaration of results.

This, he criticized the EC for holding a press conference on the matter despite being served court processes, describing the move as an act of contempt.

“The NDC is saying that in respect of these four or five constituencies that have been listed among the nine, we are challenging the EC from conducting itself in a manner to saying, for instance, that they will not recognize the declaration.

“The recognition or otherwise of those declarations doesn’t lie in the mouth of the EC. It lies with the court of law. Only a court of law can declare those declarations as unlawful, and therefore, whether or not a rerun of the election or re-collation or whatever it is, it can only be ordered by a court of law, a court of competent jurisdiction,” he asserted.

The NDC MP called on the EC to respect the Constitution and due process, urging the Commission to await the outcome of legal challenges before proceeding with any actions regarding the contested parliamentary results.

The Commission attributed this disruption to directives from political party leaders instructing their supporters to gather at collation centres, where the process of results collation was underway.

Speaking at a media briefing on Thursday, December 19, EC Chairperson, Jean Mensa highlighted the challenges faced in nine constituencies where parliamentary results remain incomplete.

She noted that the collation process, which followed the procedures outlined in Constitutional Instrument (C.I) 127, was severely disrupted by the actions of supporters.

“These supporters destroyed pink sheets and desktop computers used for electronic collation, assaulted EC staff, and issued death threats. This is why collation in some constituencies could not be completed before the declaration of presidential results,” Madam Mensa stated.

She criticized the call for supporters to besiege collation centres, describing it as a deliberate attempt to undermine the electoral process.

“There was no justification for the call to supporters to gather at the collation centres. That call, in the Commission’s view, was calculated to disrupt the processes and undermine the seamless and effective procedures that had been in place,” she added.

Madam Mensa revealed that EC staff faced resistance, threats, and intimidation, with some returning officers being coerced into declaring results under duress.

“In some instances, our staff were threatened with death and forced to declare outcomes without adhering to the processes governing collation,” she explained.

The EC also disclosed that it would not accept the collated results from the Ablekuma North and Okaikwei Central constituencies due to procedural violations.

In Okaikwei Central, results from 31 polling stations were excluded, while Ablekuma North omitted results from 62 polling stations. Both constituencies had been declared for National Democratic Congress (NDC) candidates.

Madam Mensa described these actions as “illegal” and emphasized that such declarations cannot be upheld.

The EC announced plans to re-collate results for nine constituencies: Nsawam Adoagyiri, Ahafo Ano South West, Ahafo Ano North, Obuasi East, Okaikwei Central, Ablekuma North, Tema Central, Techiman South, and Dome Kwabenya.

The EC Chairperson called on the sitting President and President-elect to enhance security measures to ensure a safe environment for the re-collation of results in the affected constituencies.

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Announcement and Reasons for Nullification

At a press briefing in Accra on Thursday, December 19, EC Chairperson Jean Mensa detailed the irregularities leading to this decision.

She disclosed that results for Okaikwei Central and Ablekuma North were declared without proper collation, leaving out significant data:

• Okaikwei Central: Results from 31 polling stations were excluded.
• Ablekuma North: Results from 62 polling stations were not collated.

“In the case of Okaikwei Central, the winner was declared without collating results from 31 polling stations. Similarly, in Ablekuma North, a winner was declared without collating results from 62 polling stations,” Madam Mensa explained.

“This is unacceptable. These declarations, made under threats, are considered illegal by the Commission. Similar declarations in other constituencies will also not be upheld.”

Of 12 constituencies flagged for re-collation, the EC has completed the process for Suhum, Akwatia, and Fanteakwa North.

However, the irregularities in Okaikwei Central and Ablekuma North have left the results unresolved.

In all, the Commission is to re-collate results for nine constituencies namely Nsawam Adoagyiri, Ahafo Ano South West, Ahafo Ano North, Obuasi East, Okaikwe Central and Ablekuma North. The others are Tema Central, Techiman South and Dome Kwabenya.

Background

The collation process in constituencies such as Dome Kwabenya, Okaikwei Central, Ablekuma North, and Tema Central was disrupted by violence and unrest. Attempts to relocate collation activities to the Police Training School faced opposition, with disputes arising over the aggregation and delegation of results.

The National Democratic Congress (NDC) has challenged the re-collation process, asserting that results declared at polling stations should be deemed final. The EC’s nullification has added to the tensions surrounding the parliamentary elections in these key constituencies.

Despite these challenges, the Commission reiterated its commitment to ensuring transparency and accuracy in the electoral process.

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Speaking at a press briefing on Wednesday, December 11, NPP General Secretary Justin Frimpong-Kodua cited incidents of alleged illegal declarations in constituencies such as Ablekuma North, Dome-Kwabenya, Okaikwei Central, Tema Central, Ahafo Ano North, Obuasi East, Ahafo Ano South West, Akwatia, Suhum, Fanteakwa North, Nsawam Adoagyir, Techiman South, and Aowin.

“The NDC deployed their men to, in some cases, force the hands of the Electoral Commission’s returning officers to declare results in their favour,” Mr. Frimpong-Kodua claimed.

This allegation comes after the NPP experienced significant losses in parliamentary seats, securing 75 seats compared to the NDC’s commanding 184. Some seats remain unresolved due to disputes.

Majority Leader, Alexander Afenyo-Markin also alleged that NPP parliamentary candidates and members faced intimidation and harassment.

He cited incidents such as the situation in Abuakwa North, where parliamentary candidate Madam Ekua Afriye was reportedly forced to flee her home after individuals stormed her residence in search of election pink sheets.

“Why is the NDC so interested in destroying evidence? Why are they capturing pink sheets to destroy them and set them ablaze?” Mr. Afenyo-Markin questioned, adding that police intervention was required to ensure Madam Afriye’s safety.

In another instance, Patrick Boamah, Member of Parliament for Okaikwei Central, reportedly faced threats at his residence over allegations of possessing pink sheets.

Mr. Afenyo-Markin also highlighted irregularities in Tema Central, alleging that an individual who was not the designated returning officer declared results in favour of the NDC.

“They [NPP] called somebody to declare the result when the rightful person, who had sworn an oath to be the returning officer, was bypassed,” he said.

The NPP leadership called on the NDC’s presidential candidate, John Dramani Mahama, to ensure his supporters respect democratic principles.

“This is not the democracy we have worked hard for,” Mr. Afenyo-Markin emphasized, urging the EC to reverse what he described as “illegal declarations.”

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He insists declaration of the results in favour of the National Democratic parliamentary candidate, Faustina Elikplim Akrugu was invalid.

Madam Elikplim was declared the winner last night after votes tallied indicated that she crossed the 50 percent mark.

This landmark win represents the first time the NDC has captured the Dome Kwabenya seat, a constituency historically regarded as an NPP fortress.

However, addressing a press conference on Tuesday, December 10, Mr Ocquaye says some ballot papers were burnt to ashes by the National Democratic Congress supporters, which denied constituents the opportunity to see the true results.

“… We won’t agree to the results. What the Electoral Commission would use to work has been burnt, and what the NPP will use to work has been burnt. What do you mean?

“If you know you have won the election, why do you burn ballot paper for government,” he asked.

He noted that after the “illegal declaration”, he was called by the region and asked to come to the collation centre to sort out the issue.

He added, “When I got there, the district officer of Dome Kwabenya told me that the declaration has been suspended for a re-collation.”

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Supporters of the parliamentary candidates stormed the center, forcing officials to halt proceedings.

All ballot boxes and election materials have since been secured at the Police Eastern South Command in Kyebi.

Both the incumbent independent MP, Oboafo Kwadwo Asante, and the New Patriotic Party (NPP) candidate, Frank Asiedu Bekoe, are claiming victory.

The EC is expected to announce the official results on Tuesday, December 10.

In the Presidential election, Dr. Mahamudu Bawumia won by 24,348 votes, followed by John Mahama with 23,342 votes. The total valid votes were 48658, rejected ballots numbered 1,303, and the total votes cast was 49,961.

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