Private legal practitioner Justice Srem Sai has raised concerns about the legality of the Electoral Commission’s (EC) decision to recount and redeclare results in nine constituencies, seven of which were later declared in favor of the New Patriotic Party (NPP).
The recount and subsequent redeclaration, conducted on Saturday, December 21, 2024, have sparked controversy following the December 7 parliamentary elections.
The EC defended its actions by citing alleged errors in the initial results. After 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 also clarified that in some cases, party representatives had agreed that errors occurred during the collation process. However, this justification has failed to quell concerns from legal experts and political observers, who argue that the EC may have overstepped its legal authority.
Appearing on the Citi Breakfast Show on Monday, December 23, Justice Srem Sai stressed the difference between correcting procedural errors and resolving electoral disputes, the latter of which, he argued, falls within the jurisdiction of the courts. He raised 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.”
