High Court Orders Recollation of Results in Ablekuma North and Tema Central Constituencies

In a significant legal development, the High Court in Accra has ruled in favor of the New Patriotic Party (NPP), ordering the Electoral Commission (EC) to re-collate outstanding constituency results in the Ablekuma North and Tema Central Constituencies of the Greater Accra Region. These rulings came after the NPP filed a mandamus application seeking to compel the EC to rectify irregularities in the collation process. The court’s decisions highlight critical issues surrounding electoral procedures and accountability, setting a precedent for future disputes. The orders demand immediate action from the EC, under the protection of law enforcement, to ensure that the accurate will of the people is reflected in the final outcome of the election.

NPP Mandamus Application and the Court’s Decision:

The NPP initiated a legal challenge, filing a mandamus application which sought to compel the Electoral Commission to fulfill its duties by properly collating results in several constituencies. The court heard arguments concerning four constituencies but delivered rulings in two: Ablekuma North and Tema Central. This action demonstrated the NPP’s determination to ensure that the correct election results are declared, which speaks to the seriousness with which these matters are being treated by the party.

Ablekuma North: 62 Outstanding Polling Station Results:

In the case of Ablekuma North, Justice Forson Agyapong of the Accra High Court General Jurisdiction 2 found that the EC had declared results from only 219 out of 281 polling stations, leaving 62 polling station results outstanding. The Judge ruled that there was evidence showing that the EC was requested to act but failed or refused to do so. Consequently, the court ordered the Electoral Commission to collate the results from these 62 outstanding polling stations, add them to the already collated results, and then declare the winner based on the full and accurate results. This ruling is a clear directive to correct the anomalies in the previous declaration and to uphold the integrity of the election process.

Tema Central: Irregularities in Collation Process:

Similar irregularities were found in the Tema Central Constituency. Justice Forson Agyapong stated that the EC had failed to collate results from all the polling stations before declaring a winner. He further noted that the person who declared the winner was not the designated returning officer, as required by the electoral laws, indicating a clear procedural breach. Again, the court found that the EC had been requested to act but did not. The judge then ordered the EC to collate the results of the two outstanding polling stations and add them to the previously collated results to ensure that due process is adhered to.

Security Measures Ordered by the Court:

Recognizing the potential for tension and disputes during the collation process, the High Court also ordered the Inspector General of Police (IGP) to provide adequate and armed security to the EC. This measure is designed to safeguard the electoral officials during the exercise and to maintain peace and order while the results are being collated. The security provision reinforces the seriousness of the court’s directive and ensures that the process will be completed without intimidation or interference.