High Court orders EC to collate results of 31 polling stations and redeclare Okaikwei Central

The High Court on Saturday, January 4th 2025, has directed the Electoral Commission (EC) to collate and declare results from 31 outstanding polling stations in the Okaikwei Central constituency.

The ruling follows an application by the New Patriotic Party (NPP), which argued that the initial declaration was incomplete and did not account for all polling stations.

Background to the Okaikwei Central dispute

The Okaikwei Central constituency has 141 polling stations, but the EC only collated results from 110 polling stations before making a declaration.

Security officers providing protection at the collation centre advised that the results be declared to prevent potential unrest from the massed-up supporters of the National Democratic Congress (NDC).

Following the partial declaration, supporters of Baba Sadiq, the NDC parliamentary candidate, withdrew in jubilation, which de-escalated the tense situation.

However, the NPP later filed a legal challenge, arguing that the outstanding 31 polling stations must be included in the final tally to ensure transparency and fairness.

READ ALSO: Patrick Yaw Boamah declared winner of Okaikwei Central after recollation, defeating NDC’s Baba Sadiq

Court’s ruling

The High Court, presided over by Justice Baah Forson Agyapong, granted the NDC’s application for a prerogative order of mandamus, compelling the EC to complete the collation process.

The court noted that the issues for determining a mandamus order had been met, including:

1. A duty to act by the EC.
2. The duty being of a public nature.
3. A demand made for the duty to be performed.
4. A refusal or failure to perform the duty.
5. The applicant being prejudiced by the refusal.

Justice Agyapong emphasised that the EC’s failure to complete the collation undermined the electoral process and warranted judicial intervention.

Security concerns and implications

The court acknowledged that security concerns played a role in the initial declaration of results. The presence of security officers at the collation centre and their advice to declare the results after collating 110 polling stations was intended to prevent destruction of property and ensure the safety of all parties involved.

To address ongoing security concerns, the court directed the Inspector General of Police (IGP) to provide adequate security during the collation of the remaining polling stations to ensure the process is completed without disruptions.

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