EC’s decision to re-collate parliamentary results unlawful

The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has criticized the Electoral Commission’s decision to conduct a “re-collation” of parliamentary election results for some constituencies where the process was marred with disputes, describing it as a breach of Ghana’s electoral laws.

According to him, the EC’s actions violate provisions of Constitutional Instrument (C.I.) 127 which clearly outline the processes for declaring and resolving disputes over parliamentary election results.

Mr Dafeamekpor explained that Regulation 39(2) and (3) of C.I. 127 specify the proper procedures for declaring election results, and there is no legal provision for the EC to reconsider declared results unless there is parity in votes, as stated in Regulation 42.

“The only opportunity given to the Electoral Commission to reconsider the outcome of a parliamentary election is contained in regulation 42 where there is parity of results. So, for instance, if myself and my brother contested in a certain constituency, and we both obtained 10 votes apiece, then the EC is mandated in law, under Regulation 42 of CI, 127, to actually conduct a rerun of the election.

That is the only, the only window that the Electoral Commission is given under the regulation governing our public elections to reconsider the outcome of parliamentary elections,” he stated.

His comment follows the announcement by the EC Chairperson Jean Mensa, on the Commission’s decision to re-collate results in some nine disputed constituencies.

Briefing the media on Thursday, December 19, she called on President Akufo-Addo to provide the Commission with adequate security to engage in this re-collation exercise.

In light of this, Mr Defeamekpor accused Jean Mensa of acting beyond her constitutional mandate, describing her as a “danger to our democracy, because, she cannot be a law unto itself.”

The South Dayi legislator noted that once results have been declared, only the courts have the authority to overturn or validate them.

“The Constitution is very clear in Article 99 clause one, paragraph A, that where a person is aggrieved or there’s a challenge in respect of whether or not the parliamentary seat of election to a Member of Parliament is in doubt, the High Court is the original jurisdiction in this matter.

“So where parliamentary results of parliamentary elections are in doubt in some respective constituencies, any person aggrieved with the declaration conducted by officials of the EC, the forum convenient to remedy in the matter is the High Court,” he explained.

Mr Dafeamekpor stated that the National Democratic Congress (NDC) has initiated legal actions in several constituencies, challenging the declaration of results.

This, he criticized the EC for holding a press conference on the matter despite being served court processes, describing the move as an act of contempt.

“The NDC is saying that in respect of these four or five constituencies that have been listed among the nine, we are challenging the EC from conducting itself in a manner to saying, for instance, that they will not recognize the declaration.

“The recognition or otherwise of those declarations doesn’t lie in the mouth of the EC. It lies with the court of law. Only a court of law can declare those declarations as unlawful, and therefore, whether or not a rerun of the election or re-collation or whatever it is, it can only be ordered by a court of law, a court of competent jurisdiction,” he asserted.

The NDC MP called on the EC to respect the Constitution and due process, urging the Commission to await the outcome of legal challenges before proceeding with any actions regarding the contested parliamentary results.

source: myjoyonline.com