The Ghana Institute of Governance and Security (GIGS) has expressed concern over the Electoral Commission’s (EC) controversial move to re-collate some parliamentary election results, describing the action as a breach of electoral laws.
According to GIGS, while the elections concluded relatively peacefully, the EC’s arbitrary actions in the aftermath of the 2024 general elections, have held the nation’s democratic process hostage in its attempt to re-collate results for some nine constituencies.
A statement signed by Davide Agbee, Executive Director of GIGS, noted that the electoral laws are clear on the processes for the collation, declaration and challenging of parliamentary election results, and questioned the legal basis for the EC’s action.
It explained that as stipulated in Article 49(2) and (3) of the 1992 Constitution, the presiding officer at each polling station is mandated to count and record votes in the presence of candidates, their representatives, and polling agents, after which they must sign a declaration stating the polling station, the number of votes cast for each candidate, and immediately announce the results at the polling station. Also, Article 50(1) provides clarity on the process of declaring a candidate elected based on the majority of valid votes cast.
Similarly, it said Regulations 39, 41 and 43 of Constitutional Instrument (CI) 127 (Public Elections Regulations 2020) define the procedures for collating and declaring parliamentary results and the process for resolving disputes over parliamentary results.
Despite these constitutional safeguards, the statement noted that the EC has blatantly disregarded established electoral laws, thereby raising significant legal and ethical concerns, stressing that “these procedures are non-negotiable and aim to ensure transparency and accountability in the electoral process.”
The statement noted that “while the safety of EC staff is paramount, the use of such challenges as a basis to contravene electoral laws erodes public confidence in the commission’s impartiality and competence. The EC Chair’s assertion that results were declared without due process, including the omission of results from 31 polling stations in Okaikwei Central and 62 in Ablekuma North, underscores a failure to uphold the standards of electoral administration.”
“While the conditions surrounding the original declaration of the results in the affected constituencies may be challenging, granting the assertion of the EC, the validity or otherwise of those declarations can only be determined by a court of competent jurisdiction, and not through the judgement of the EC,” the statement said.
It added that “It is unequivocal that the EC has no legal authority to reconsider declared results unless there is parity in votes, as outlined in Regulation 42 of CI 127,” it said, adding that “The commission’s unilateral actions, therefore, constitute a breach of these regulations and undermine the integrity of Ghana’s democratic framework.
The Institute took cognizance of the EC’s call for security for the re-collation exercise and rather urged “the Police Service to be mindful of the laws regulating the parliamentary election so as to avoid being used to perpetuate a breach of the electoral laws.
Meanwhile, watch as the MP for Ada engages in a brief argument with the Second Deputy Speaker of Parliament over the payment of $11m for the construction of the Pwalugu Dam, below:
