Renowned private legal practitioner and law lecturer, Justice Srem-Sai, has provided a detailed breakdown of the National Democratic Congress (NDC)’s legal challenge against the Electoral Commission (EC) of Ghana regarding the parliamentary election results in five constituencies. In his statement shared on X on December 25, 2024, Srem-Sai elucidated the NDC’s appeal against a High Court decision that nullified the initial declarations in Okaikwei Central, Ablekuma North, Nsawam-Adoagyiri, Tema Central, and Techiman South, where NDC candidates were initially declared victorious.
The core of the NDC’s case, as explained by Srem-Sai, is that the High Court judge, Rev Fr Justice Joseph Agyemang, made a ruling to annul these declarations and order a re-collation without allowing the NDC’s parliamentary candidates to present their case. Srem-Sai emphasizes that this action contravenes the fundamental legal principle which states that no court should make a final decision affecting an individual without giving them the opportunity to be heard.
According to Srem-Sai, despite the NDC MPs and their legal team being present in court, their application to join the proceedings was denied by Justice Agyemang. The judge’s rationale for this decision was the impending Christmas break and the imminent swearing-in of new parliament members, which Srem-Sai describes as insufficient grounds to bypass the right to a fair hearing.
The Supreme Court is set to deliberate on this issue on December 27, 2024, to determine whether Justice Agyemang’s orders should be upheld given the lack of opportunity for the NDC MPs to present their case. The constituencies involved in this legal battle are Okaikwei Central, Ablekuma North, Nsawam-Adoagyiri, Tema Central, Techiman South, and Ahafo Ano North.
The sequence of events as outlined by Srem-Sai includes:
- The completion of voting at 5 pm on December 7, with results declared in favor of NDC candidates.
- Applications by NPP candidates on December 17 to the High Court for re-collation of these results.
- All cases were adjudicated by the same judge, Rev Fr Justice Joseph Agyemang.
- The NDC’s attempt to join the case was rebuffed, even though their presence in court was acknowledged.
Srem-Sai concludes his statement with a direct question to the Supreme Court: should the orders of Justice Agyemang stand when they were made without hearing from those most affected?
