The High in Accra has dismissed the National Democratic Congress (NDC) application against the Electoral Commission (EC) over the re-collation of five Constituencies that their Parliamentary Candidates had earlier been declared winners.
The Court presided over by Justice Joseph Owusu-Adu Agyeman said the disputed results have been deemed to be fraudulent and the Court cannot be invited to endorse such a fraudulent act.
In the end, the Court said the application is dismissed.
The NDC on Monday, December 16, 2024, sued the EC over the re-collation of five Constituencies that their Parliamentary Candidates have earlier been declared winners.
In Court on Friday, December 20, 2024, the NDC through its Director of Legal Affairs, said the action is seeking an order of judicial review in the nature of Declaration, Certiorari, Prohibition, and Injunction.
The request wants the declarations made in the December 7 elections in favour of Faustina Elikplim Akurugu, (Dome Kwabena), Baba Sadiq, (Okaikwei Central), Ewurabena Aubynn (Ablekuma North), Ebo Bright, (Tema Central) and Samuel Aboagye (Obuasi East), 2nd, 3rd, 4th, 5th and 6th Applicants, maintained.
The NDC though presented to the Court video footages of EC returning officers declaring those results, the request was turned down.
But, the EC through its lawyers led by Justine Amenuvor though did not file any affidavit in opposition said, the action is pre-mature.
The NDC again submitted that, the EC following their earlier declarations “has become functus officio and therefore cannot re-collate, recount and re-declare the results of the already declared election results in the stated constituencies.”
The party is also seeking an Order prohibiting the Respondent from re-collating, re-counting and re-declaring the already collated and declared parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Obuasi East constituencies.
Below are the reliefs being sought
a). A declaration that the Respondent having declared the parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Obuasi East constituencies with the 2nd, 3rd, 4th, 5th and 6th Applicants’ respectively being the declared winners of the elections in the named constituencies, the Respondent has become functus officio and therefore cannot re-collate, recount and re-declare the results of the already declared election results in the stated constituencies;
b). An Order prohibiting the Respondent from re-collating, re-counting and re-declaring the already collated and declared parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Obuasi East constituencies;
c). A declaration that by virtue of Article 99 of the 1992 Constitution of the Republic of Ghana and Section 16 of PNDCL 284, it is the High Court of Ghana that has the exclusive original jurisdiction to invalidate the declaration of Parliamentary election results and not the Respondent;
d). A declaration that the purported declaration by the Respondent in its press conference held on the 13th day of December, 2024 that the declaration of Parliamentary results for Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies as illegal and invalid on grounds of purported threats by the 1s, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers and or the purported failure by the Respondent’s officers to follow legal procedures outlined in CI 127 in declaring the results due to alleged threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers violates Article 99 of the 1992 Constitution, Sections 16 and 20 of PNDCL 284 hence null, void and of no legal effect;
e). An Order of certiorari quashing the decision of the Respondent purportedly nullifying the parliamentary election results in Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies in its press conference held on the 13th day of December, 2024;
f). A declaration that the decision of the Respondent to purportedly nullify the declaration of parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies in which the and, 3rd, 4th and 6th Applicants are the declared winners of the elections in the said constituencies respectively on grounds of purported threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers and or the purported failure by the Respondent’s officers to follow legal procedures outlined in CI 127 in declaring the results due to alleged threats by the 1st, and, 3rd, 4th and 5th Applicants’ supporters and officers against the Respondent’s officers without affording the 1st, and, 3rd, 4th and 5th Applicants the right to be heard violates the 1st, 2nd, 3rd, 4th and 5th Applicants’ right to be heard hence the said decision is null, void and of no legal effect;
g). An Order of certiorari quashing the purported decision of the Respondent nullifying the declaration of parliamentary election results in the Dome Kwabenya, Okaikwei Central, Ablekuma North and Tema Central Constituencies on grounds of the breach of the audi alteram partem rule;
h). An Order directed at the Respondent to submit for publication in the gazette the electoral results of the 2nd, 3rd, 4th, 5th and 6th Applicants;
i). An Order of perpetual injunction restraining the Respondent, its assigns, agents, privies, servants, employees, workmen and any other person acting on its behalf without an order of a court of competent jurisdiction; from re-collating and or recounting and re-declaring the declared election results in the constituencies in contention;
j. Any further or other remedy as this Honourable Court may deem fit.
