Private legal practitioner Justice Srem Sai has raised concerns about the legality of the Electoral Commission’s (EC) decision to recount votes in nine constituencies, seven of which were later redeclared in favour of the New Patriotic Party (NPP).

The recount and subsequent redeclarations, carried out on December 21, 2024, have sparked controversy following the December 7 parliamentary elections. The EC justified the decision by citing errors in the initial results. After the recount, the NPP was declared the winner in seven constituencies, including Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.

While the EC noted that representatives of all political parties had agreed errors occurred during the collation process, legal experts and political observers have raised concerns about the commission possibly overstepping its legal authority.

Speaking on the Citi Breakfast Show on December 23, Justice Srem Sai highlighted the difference between correcting procedural errors and resolving electoral disputes. He pointed out that disputes should be settled in court, questioning whether the EC followed the correct legal process in this case.

“There were situations where all the parties agreed that mistakes were made, but when there is a dispute, the law requires that the declaration be gazetted before it can be challenged in court,” he said. “The EC is claiming to correct a mistake, but this situation involves a dispute. Where there is an allegation of lawlessness or illegality, the proper avenue for resolution is through the court.”

Justice Srem Sai’s comments suggest that the EC’s actions may need to be challenged in court, as the redeclarations could be seen as exceeding the commission’s legal mandate.

Source:TheDotNews