The NDC argues that the EC no longer has the authority to conduct these processes.
This legal action follows ongoing disputes and tensions over the initial collation of results. The EC had earlier declared the parliamentary results for Dome-Kwabenya, Okaikwei Central, Ablekuma North, and Tema Central as invalid, citing procedural irregularities.
During a press briefing on Friday, December 13, Samuel Tettey, Deputy EC Chair for Operations, explained that the results could not be upheld because they did not adhere to the procedures outlined in CI 127, despite police presence at the collation centres to ensure the re-collation process.
In its notice of motion, the NDC, along with five other applicants, is seeking a declaration that the EC, having already declared the results for these constituencies with the NDC candidates as winners, has become “functus officio” and is therefore prohibited from re-collating, recounting, or redeclaring the results.
The applicants in the case include Faustina Elikplim Akurugu, Baba Sadiq, Ewurabena Aubynn, Ebi Bright, and Samuel Aboagye.
The applicants are 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, and Tema Central constituencies.”
“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.”
