The National Democratic Congress (NDC) has filed a legal challenge against the Electoral Commission (EC) over its decision to re-collate and potentially re-declare the results in five constituencies from the recent parliamentary elections.
The NDC claims that the EC’s mandate expired once it had officially declared the results in favor of the party’s candidates.
The constituencies in question are Ablekuma North, Dome Kwabenya, Obuasi East, Okaikwei Central, and Tema Central.
In its application, the NDC argues that the EC’s move to re-collate the results is unlawful, as the process of declaring the results had already been completed.
The party is seeking an injunction to prevent the EC from carrying out any further actions related to these constituencies.
The controversy stems from allegations that electoral officers in the five constituencies faced harassment and assault, with supporters of the NDC allegedly pressuring officials to declare the results in their favor.
As a result, the EC declared the initial results invalid and nullified the process in those areas, announcing plans to re-collate and re-declare the election outcomes.
The NDC, along with five other applicants, argues that the EC’s attempt to alter the results undermines the authority granted to it and exceeds its jurisdiction.
The party maintains that once the results were declared, the EC’s mandate was fulfilled, and it should not have the power to modify them.
The NDC’s legal team is also seeking a declaration that the High Court, not the EC, holds the exclusive jurisdiction to invalidate election results, according to Article 99 of the 1992 Constitution and Section 16 of PNDCL 284.
As the case moves forward, the court will decide whether the EC can proceed with the re-collation process or whether the NDC’s injunction request will be granted.