Private legal practitioner Justice Srem Sai has questioned the legality of the Electoral Commission’s (EC) decision to recount votes in nine constituencies, seven of which were subsequently redeclared in favour of the New Patriotic Party (NPP).
The recount and redeclaration carried out on Saturday, December 21, 2024, have stirred controversy among stakeholders in the aftermath of the December 7 parliamentary elections.
The EC justified its decision by citing alleged errors in the initial results. Following the recount, the NPP was declared victorious in seven constituencies, including Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.
The EC further explained that in some cases, representatives of all parties had agreed errors occurred during the collation process. However, this explanation has done little to assuage concerns from legal experts and political observers, who argue that the EC may have overstepped its legal authority.
Speaking on the Citi Breakfast Show on Monday, December 23, Justice Srem Sai emphasized the distinction between correcting procedural errors and resolving electoral disputes. He argued that the latter falls under the jurisdiction of the courts, raising questions about whether the EC adhered to the legal framework governing the resolution of election-related controversies.
“There were situations where all the parties agreed that there were mistakes, and that is without dispute. However, when there is dispute, the law is that the declaration has to be gazetted before one can challenge the outcome in court. There is, however, a school of thought that the EC can correct its own mistake, and so we are surprised that the EC can come out and say it has made a mistake, and wants to correct it and not what it is now doing.
“There is a difference between a mistake and a dispute, and what we have in the current situation is a dispute, so long as one person is saying A and the other is saying B, it is a dispute. When you allege lawlessness as the EC has done in these situations or illegalities, there is no proper avenue for resolving an illegality outside of the court.”
