Legal expert questions legality of EC’s vote recount and re-declaration

Private legal practitioner Justice Srem Sai has raised concern about the legality of the Electoral Commission’s (EC) decision to recount votes in nine constituencies following the December 7 parliamentary elections.

The recount, which took place on December 21, 2024, resulted in the New Patriotic Party (NPP) being declared winners in seven constituencies namely Ahafo Ano North, Techiman South, Ahafo Ano South, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central.

The EC justified the recount by citing errors in the initial results and noted that representatives of all parties in some instances agreed that mistakes had occurred during collation. However, this explanation has not alleviated concerns from legal and political observers who believe the EC might have exceeded its legal mandate.

Justice Srem Sai noted that correcting procedural errors differs from resolving disputes, which are under the jurisdiction of the courts. He questioned whether the EC had followed the legal framework for addressing election-related disputes. He explained that while errors may be corrected with agreement from all parties, contested outcomes fall into the category of disputes and must be challenged in court after being officially gazetted.