EC’s ‘illegal redeclarations’ must be challenged in court – Srem Sai
Private legal practitioner Justice Srem Sai has raised concerns about the legality of the Electoral Commission’s (EC) decision to recount and redeclare parliamentary election results in nine constituencies, seven of which were subsequently awarded to the New Patriotic Party (NPP).
The recounts, carried out on Saturday, December 21, 2024, were justified by the EC as necessary to correct alleged errors in the initial results from the December 7 parliamentary elections. The constituencies impacted included Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.
According to the EC, representatives of all parties had, in some cases, agreed to the presence of errors during the collation process. However, this explanation has sparked debate among legal experts and political stakeholders, with critics questioning whether the EC has overstepped its mandate.
Speaking on the Citi Breakfast Show on Monday, December 23, Justice Srem Sai highlighted the distinction between correcting procedural mistakes and resolving disputes, the latter of which he argued is the sole jurisdiction of the courts.
“When there is a dispute, the law requires that the declaration must first be gazetted before anyone can challenge the results in court,” he said. “While there is a school of thought that the EC can correct its own mistakes, the situation we have now involves disputes, where one party claims A and the other claims B. Disputes of this nature must be resolved by the courts, not the EC.”
Justice Srem Sai also criticized the EC’s approach, stating that its actions may undermine the legal framework governing electoral processes. He argued that allegations of lawlessness or irregularities must be addressed through proper legal channels.
This development has heightened tensions in Ghana’s post-election period, as stakeholders and political observers continue to scrutinize the EC’s handling of the election results. The recount and redeclaration have prompted calls for greater clarity on the legal limits of the EC’s authority in resolving electoral disputes.
