NDC petitions Supreme Court to stay High Court order to re-collate election results in declared constituencies

In a dramatic legal escalation, the National Democratic Congress (NDC) has filed a fresh petition with the Supreme Court, seeking to overturn a High Court ruling that directed the Electoral Commission (EC) to resume the collation of election results in constituencies where results had already been declared.

The petition, which invokes the Supreme Court’s supervisory jurisdiction, has been confirmed by the Director of Legal Affairs of the National Democratic Congress (NDC) Edudzi Tamakloe in an interview by Citi FM's 'Eyewitness News'. He said the Inspector General of Police (IGP), Dr. George Akuffo Dampare, has also been formally served with the court documents today in the afternoon.

This legal action comes amid heightened tensions over the 2024 parliamentary elections, particularly in the Nsawam Adoagyiri Constituency in the Eastern Region. The collation process there has been marred by controversy following violent disruptions, sparking a legal and political standoff.

The High Court in Accra presided over by Justice Rev. Joseph Adu-Owusu Agyeman, ruled on December 20 that the EC must complete the collation of results in constituencies where voting had concluded but declaration was not done. The court also ordered the re-collation of Ablekuma North results, nullifying the earlier declaration for NDC. Additionally, the Court ordered the IGP to provide sufficient security to ensure the collation process proceeds without interference.

High Court Ruling and Background

The ruling was the result of a judicial review application filed by six parliamentary candidates from the ruling New Patriotic Party (NPP). These candidates, representing constituencies such as Nsawam Adoagyiri, Okaikwei Central, and Techiman South, sought a writ of mandamus to compel the EC to complete the collation process and ensure security at collation centers.

In Nsawam Adoagyiri, the collation process was interrupted by violent protests, with hundreds of party supporters storming the collation center, destroying ballot boxes, and damaging a Biometric Verification Device (BVD). Before the process was suspended, results from 100 out of 203 polling stations had been collated.

Attempts to resume the collation on December 12, 2024, were again disrupted, despite partial progress with results from 143 polling stations. Political parties agreed to pause the process, but no consensus was reached on how to proceed, leading to the current legal impasse.

NDC's Objections and Legal Maneuver

The NDC has raised concerns about the legality of the High Court’s directive for re-collation. The party argues that disputes over declared results should be resolved through election petitions, as prescribed by law, rather than through a resumption of the collation process under contentious circumstances.

The NDC has also opposed the involvement of the IGP in providing security at collation centers, describing the situation as overly politicized. The party’s attempt to join the case as an interested party was rejected by the High Court, which ruled that the NDC lacked sufficient grounds for inclusion.

EC’s Position

The Electoral Commission, represented by its legal team led by Justine Amenuvor, has confirmed receipt of the High Court’s directive and expressed no opposition to the application for re-collation. The EC has requested government support to enhance security at collation centers to prevent further disruptions.

Supreme Court to Decide

With the NDC’s latest petition now before the Supreme Court, the legal battle intensifies. The Court’s decision will be pivotal in determining the outcome of the parliamentary elections in nine contested constituencies, including Nsawam Adoagyiri, which have become flashpoints in the post-election crisis.

As the judiciary prepares to deliberate on the matter, the political and legal tensions surrounding the 2024 elections remain unresolved. The stakes are high, with the final declaration of results hanging in the balance.