The Electoral Commission’s (EC) declaration of Ebi Bright as the winner of the Tema Central parliamentary election has been defended by Counsel for the National Democratic Congress (NDC), Godwin Tameklo.
Tameklo argued that the EC’s declaration was proper and therefore, there is no need to collate the results.
The Mandamus Application: A Misguided Attempt?
Tameklo opposed the mandamus application filed by the New Patriotic Party (NPP), which seeks to compel the EC to collate results in four constituencies.
He argued that the NPP’s own applicant admitted in his affidavit that there was a declaration, and it was done without including two polling stations. This admission, Tameklo claimed, substantiates the EC’s declaration.
Substantiating the Claim
To further support his argument, Tameklo referred the court to a letter written by one of the NPP applicants, Charles Forson.
In the letter, Forson demanded that the EC direct the returning officer to properly collate and declare the results in accordance with the law. Tameklo contended that this letter demonstrates that the EC’s declaration was proper.
The Role of the Court
Tameklo emphasized that it is not the duty of the court to make a determination on who won an election. He cautioned that allowing the court to make such a determination would set a dangerous precedent.
“My lord, in a mandamus application, if it is within the remit of this court to make findings of alleged thuggery, intimidation, duress, and breaches of law… What then will we do in an election petition?” he asked.
Precedent and Procedure
Tameklo also referenced a letter written by the then Minority Caucus dated December 21, 2020. The letter requested the EC to re-collate results in some alleged disputed constituencies. However, the EC responded, stating that once results have been declared, a dissatisfied party cannot request a recollection. This precedent, Tameklo argued, supports the EC’s position in this case.
Baina Multimedia/ Khadijahtu Kubura Kailani
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