Senior Lecturer and private legal practitioner, Dr. Justice Srem Sai, has shed light on the Supreme Court’s decision regarding disputed parliamentary election results.
Speaking over the Supreme Court’s decision to nullify the re-collation of parliamentary election results in four constituencies including; Okaikwei Central, Ablekuma North, Tema Central, and Techiman South.
he explained that the ruling addressed six constituencies four of which had already been declared by the Electoral Commission (EC), while two had not.
The Supreme Court quashed the previous orders for the four declared seats, effectively nullifying any directive for a recount or “recollation” of results in those constituencies.
This means that the cases for these declared constituencies will now proceed for further judicial determination.
Dr. Srem Sai emphasized that the court’s ruling also pointed out a procedural flaw in the earlier handling of the case.
He noted that refusing to hear certain parties who had a vested interest in the matter was a fundamental error.
To ensure fairness and restore public confidence in the judiciary, the Supreme Court decided to reassign the case to a different judge.
While the Court clarified that this decision was not an accusation of misconduct, it was necessary to assure all parties that they would be heard fairly.
For the NDC candidates in the affected constituencies, the ruling does not automatically make them winners despite earlier declarations by the EC.
Instead, the cases will now be heard on their merits to determine if there should be a redeclaration of results or if the declared outcomes will stand.
Dr. Srem Sai explained the central legal contention in the case once results have been declared, the only legitimate way to challenge them is through a petition after the results have been gazetted.
This procedural principle has long been upheld by the EC.
However, the issue before the court will now revolve around whether this principle should remain binding or if a fresh declaration or correction process is required.
Delivering the ruling in Accra on Friday, December 27, Justice Gabriel Pwamang, the presiding judge noted that “Since the orders which have been brought to be quashed are separate and distinct, we have decided to exercise our discretionary power to quash by certiorari having required to the peculiar circumstances of each ruling.
“Consequently, we hereby quash the orders of mandamus made for collation of results by the EC in the following constituencies; Okawkwei Central, Ablekuma North, Tema Central, and Techiman South.”
The Supreme Court, however, upheld the re-collated results in two other constituencies which are Nsawam Adoagyiri and Ahafo Ano North, leaving those results untouched by its ruling.
Senior lecturer and private legal Practitioner, Dr Justice Srem Sai, explains the implications of the Supreme Court ruling on disputed Parliamentary election results…#EIBNetwork #GHOneTV #NewsAlert #CAFShouldPaySpiky @MurtalaInusah pic.twitter.com/Ui5wJ16Nep
— GHOne TV (@ghonetv) December 27, 2024
