Private legal practitioner Justice Srem Sai has raised concerns regarding the legality of the Electoral Commission’s (EC) decision to conduct a recount of votes in nine constituencies, seven of which were later confirmed in favor of the New Patriotic Party (NPP).
The recount and subsequent redeclaration, which took place on Saturday, December 21, 2024, have generated significant controversy among stakeholders following the parliamentary elections held on December 7.
The EC defended its actions by pointing to purported errors in the initial vote counts. After the recount, the NPP was declared the winner in seven constituencies, namely Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.
Additionally, the EC noted that in certain instances, representatives from all political parties acknowledged that errors had occurred during the collation of results. Nevertheless, this rationale has not alleviated the concerns of legal experts and political analysts, who contend that the EC may have exceeded its legal authority.
During an interview on Monday, December 23, Justice Srem Sai highlighted the critical difference between rectifying procedural errors and addressing electoral disputes. He asserted that the latter is within the purview of the judiciary, prompting inquiries into whether the EC complied with the legal standards governing the resolution of electoral disputes.
“There were instances where all parties concurred that mistakes had been made, and that is undisputed. However, in cases of dispute, the law stipulates that the declaration must be gazetted before any challenge can be made in court. There exists a perspective that the EC has the authority to rectify its own errors, which leads us to question why the EC has publicly acknowledged a mistake and is attempting to amend it in the manner currently being pursued.”
A distinction exists between a mistake and a dispute; the current scenario exemplifies a dispute. As long as one party asserts A while the other contends B, it constitutes a dispute. When the Electoral Commission claims lawlessness or illegalities in these circumstances, there is no appropriate means to address an illegality other than through the judicial system.
