By Ashiadey Dotse
Private legal practitioner Justice Srem Sai has raised concerns about the legality of the Electoral Commission’s (EC) decision to recount votes in nine constituencies after the December 7, 2024, parliamentary elections. The recount, conducted on December 21, resulted in seven seats being redeclared in favor of the New Patriotic Party (NPP).
The affected constituencies include Ahafo Ano North, Techiman South, Ahafo Ano South West, Nsawam Adoagyiri, Obuasi East, Okaikwei Central, and Tema Central. The EC explained that the recount was necessary due to errors detected during the initial collation process, adding that party representatives, in some cases, agreed that mistakes had occurred.
However, Justice Srem Sai believes the EC might have overstepped its legal authority. Speaking on the Citi Breakfast Show on December 23, he stressed that while the EC can correct procedural errors, resolving disputes over election results is the responsibility of the courts.
He pointed out that when election outcomes are contested, the law requires the results to be gazetted before any legal challenge can be initiated. According to him, the current situation qualifies as a dispute rather than a simple error, and the EC should have allowed the courts to handle the matter.
“There is a difference between a mistake and a dispute. What we have now is a dispute. When one side claims one thing and the other side disagrees, it becomes a matter for the courts, not the EC, to resolve,” Justice Srem Sai explained.
The controversy continues to generate debate, with many stakeholders calling for clarity on the EC’s powers and the appropriate legal channels for resolving election-related disagreements.
