The Ghana Institute of Governance and Security (GIGS) has condemned the Electoral Commission (EC) over its controversial move to re-collate some parliamentary election results, describing the action as a breach of electoral laws.

GIGS argued that although the elections concluded relatively peacefully, the EC’s arbitrary actions in the aftermath of the 2024 general elections, have held the nation’s democratic process hostage in its attempt to re-collate results for some 9 constituencies.

A statement signed by Davide Agbee, Executive Director of GIGS, noted the electoral laws were clear on the processes for the collation, declaration and challenging of parliamentary election results, and questioned the legal basis for the EC’s action.

It explained as stipulated in Article 49(2) and (3) of the 1992 Constitution, the presiding officer at each polling station was mandated to count and record votes in the presence of candidates, their representatives, and polling agents, after which they had to sign a declaration stating the polling station, the number of votes cast for each candidate, and immediately announce the results at the polling station.

Also, Article 50(1) provides clarity on the process of declaring a candidate elected based on the majority of valid votes cast, GIGS said.

Similarly, it said Regulations 39, 41 and 43 of Constitutional Instrument (CI) 127 (Public Elections Regulations 2020) defined the procedures for collating and declaring parliamentary results and the process for resolving disputes over parliamentary results.

Despite these constitutional safeguards, the statement noted the EC had blatantly disregarded established electoral laws, thereby raising significant legal and ethical concerns, stressing that “these procedures are non-negotiable and aim to ensure transparency and accountability in the electoral process”.

The statement noted, “While the safety of EC staff is paramount, the use of such challenges as a basis to contravene electoral laws erodes public confidence in the commission’s impartiality and competence.

“The EC Chair’s assertion that results were declared without due process, including the omission of results from 31 polling stations in Okaikwei Central and 62 in Ablekuma North, underscores a failure to uphold the standards of electoral administration.”

“While the conditions surrounding the original declaration of the results in the affected constituencies may be challenging, granting the assertion of the EC, the validity or otherwise of those declarations can only be determined by a court of competent jurisdiction, and not through the judgement of the EC,” the statement asserted.

“It is unequivocal that the EC has no legal authority to reconsider declared results unless there is parity in votes, as outlined in Regulation 42 of CI 127,” GIGS noted.

“The commission’s unilateral actions, therefore, constitute a breach of these regulations and undermine the integrity of Ghana’s democratic framework.”

The institute took cognizance of the EC’s call for security for the re-collation exercise, and rather urged “the Police Service to be mindful of the laws regulating the parliamentary election so as to avoid being used to perpetuate a breach of the electoral laws”.