Justice Forson Baah Agyapong of the High Court has directed the Electoral Commission (EC) to complete the collation of results from 31 outstanding polling stations in the Okaikwei Central constituency of the Greater Accra Region. This collation and subsequent declaration must be finalized by Monday, January 6, 2025.
The ruling follows a mandamus application filed by Patrick Yaw Boamah, the New Patriotic Party (NPP) parliamentary candidate.
Mr. Boamah argued that the collation process was disrupted by thugs, leaving the election results incomplete.
Background
The constituency has a total of 140 polling stations and one special polling station. Results from 110 polling stations were collated before disruptions halted the process.
Eunice Yeboah Agyei, a representative of the EC, stated in an affidavit that a partial declaration was made under duress to calm tensions and ensure the safety of election officials and party supporters.
Baba Sadiq, the National Democratic Congress (NDC) parliamentary candidate, joined the case as an interested party.
He opposed the application, arguing that the EC’s role ends once elections are declared, and any grievances should be resolved through an election petition.
However, the applicant maintained that the incomplete declaration was contrary to electoral laws, emphasizing that the results from the outstanding polling stations could alter the final outcome of the election.
Court’s Ruling
The court held that the EC has a mandatory duty to ensure the collation and declaration of results from all polling stations in accordance with the law.
Justice Agyapong dismissed the argument that the EC’s role had ended, affirming that an incomplete declaration does not satisfy legal requirements.
The court granted the following orders:
1. Collation: The EC is to collate results from the 31 outstanding polling stations and declare the winner through the returning officer.
2. Security: The Inspector General of Police (IGP) is directed to deploy armed police officers to provide adequate security during the collation process.
Legal Representation
Patrick Yaw Boamah was represented by Gary Nimako Marfo and Baba Sadiq by Godwin Kudzo Edudzi Tamaklo
