The National Democratic Congress (NDC) has accused a High Court judge of bias and procedural violations in a contentious ruling that directed the Electoral Commission (EC) to re-collate election results in nine disputed constituencies.

The party claims the ruling undermined their rights and set a troubling precedent for electoral justice in Ghana.

The ruling in question tasked the EC with verifying and re-collating results in constituencies where discrepancies were alleged. While proponents of the decision argued that it enhanced transparency and accountability, the NDC described it as legally flawed, alleging it was issued without granting them the opportunity to defend their case.

“Our ground for this application is that the orders made by the High Court were in breach of the applicant’s rights to be heard,” stated Godwin Edudzi Tamakloe, the NDC’s Director of Legal Affairs, during Supreme Court proceedings on December 27, 2024. He continued, “The trial judge demonstrated apparent bias and partiality. There was a non-jurisdictional error of law by failing to exercise the court’s powers under Order 55 Rule 5 (2) of CI 47 to direct the second to sixth interested parties to serve the mandamus application on the applicant, who had an interest in the dispute.”

The NDC argued that the High Court judge failed to follow fundamental legal principles, including ensuring that all interested parties were notified and given the chance to respond. According to Tamakloe, this oversight heavily influenced the case's outcome and amounted to a breach of natural justice.

The controversy began on December 20, 2024, when the EC proceeded with the re-collation and declaration of parliamentary results in the disputed constituencies despite opposition from the NDC. The party claimed to have obtained a court order to halt the process, but the EC continued, citing the High Court's directive.

Seven constituencies saw the re-collation completed, with the results largely favoring candidates from the ruling New Patriotic Party (NPP). Notably, four seats, Obuasi East, Okaikwei Central, Tema Central, and Techiman South, were re-declared in favor of the NPP after previously being announced as NDC victories. For example, the Obuasi East seat initially declared for the NDC’s Samuel Aboagye was later awarded to the NPP’s Patrick Boakye-Yiadom.

The NDC strongly objected to these developments, asserting that the electoral laws mandate that declared results can only be challenged in court, not through re-collation. They also criticized the EC for proceeding without adequately addressing concerns raised by affected candidates.

The Supreme Court intervened after the NDC filed an application challenging the High Court’s ruling. In a significant decision, the Supreme Court overturned the order for re-collation in four constituencies, Okaikwei Central, Ablekuma North, Tema Central, and Techiman South and instructed a different High Court judge to rehear the cases. Affected MP-elects will now have the opportunity to defend their victories on January 31, 2024.

However, the Supreme Court upheld the High Court’s directive for the continued collation of results in Nsawam Adoagyiri and Ahafo Ano North, leaving those constituencies under the EC’s purview.

Two constituencies, Ablekuma North and Dome-Kwabenya, remain unresolved, with disputes over incomplete results. In Ablekuma North, for instance, NDC’s Ewurabena Aubynn was declared the winner despite the absence of results from 62 polling stations. Similarly, in Dome-Kwabenya, NDC’s Elikplim Akurugu was announced as the victor over NPP’s Mike Oquaye Jnr, leading to further contention.

The case has reignited debates about electoral integrity, judicial impartiality, and the EC's role in resolving disputes. With the Supreme Court's directive for a rehearing, all eyes now turn to the judiciary as it seeks to bring finality to the contentious outcomes of the 2024 general elections.