Renowned legal practitioner Samson Lardy Anyenini has provided a detailed analysis of the ongoing controversy following the 2024 elections.
He highlighted critical legal and procedural issues that need addressing to resolve the challenges faced by the Electoral Commission (EC) in completing the collation and gazetting of election results.
Lawyer Anyenini emphasized the importance of examining the New Patriotic Party’s (NPP) claims regarding alleged unlawful acts by the National Democratic Congress (NDC), which, according to the NPP, have delayed the EC’s ability to finalize the election process.
He urged stakeholders to give these claims due attention while adhering strictly to the rule of law.
On the other hand, he acknowledged the NDC’s legitimate objections to the EC’s purported re-collation exercises. He clarified that:
The EC cannot annul a declaration once made: Regardless of any procedural non-compliance, the power to annul a declaration lies solely with the High Court, as stipulated in Act 284.
Re-collation by the EC: The EC should reject the NPP’s calls to re-collate already declared results unless there is a consensus among all parties involved.
Path Forward for the Electoral Commission
Lawyer Anyenini advised the EC to prioritize the following actions:
Reconvene with Enhanced Security: The EC must resume the collation process in areas where collation is incomplete or was halted, ensuring adequate security for all participants.
Invite Candidates or Their Representatives: While the presence of candidates or their representatives is important, their absence should not invalidate the declaration of results, as clearly outlined in CI 127.
Uphold Transparency and Fairness: The EC must ensure that all collation and declaration processes comply with the law and inspire public confidence.
Addressing Unjustified Acts
The lawyer also called for accountability, urging authorities to investigate and punish any acts of intimidation, interference, disruption, assault, or destruction of property that have marred the electoral process.
“The EC must take decisive steps to complete the collation process transparently and lawfully,” Anyenini concluded, emphasizing the need for justice and adherence to electoral laws to preserve the integrity of Ghana’s democracy.
Source: www.kumasimail.com
