February 11, 2025

Atta Akyea: EC Wasn’t Required to Obtain Court Order for Re-collating Results in Disputed Constituencies

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Samuel Atta Akyea, the Member of Parliament for Abuakwa South, has argued that the Electoral Commission (EC) is not required to seek a court order to re-collate results in constituencies where election results have been contested.

This statement comes after the Supreme Court ruled on December 27, overturning a previous decision by the High Court. The High Court had granted an application by the New Patriotic Party (NPP), directing the EC to re-collate results in constituencies where discrepancies had emerged. The ruling from the Supreme Court has reignited debates surrounding the extent of the EC’s authority to independently address issues related to election results.

During an interview with Bernard Avle on Channel One TV’s The Point of View, Atta Akyea emphasized that the EC, as an independent constitutional body, is vested with the legal mandate to review and, if necessary, re-collate election results in constituencies where irregularities, fraud, or administrative errors have been identified. He firmly stated that the EC does not need a court order to address these issues and can act on its own to ensure that election outcomes are accurate and reflect the true will of the voters.

Atta Akyea explained that if the EC notices irregularities in the election results—such as missing or incomplete polling station data, errors in vote tallying, or instances where electoral fraud has occurred—the Commission has the responsibility and the authority to rectify these issues without external intervention from the courts.

“It is within the powers of the EC to look at the results if it has reason to believe that there has been electoral fraud or errors in the process. The EC is mandated to ensure that the election process is fair and that the results are accurate. If discrepancies are found, such as the omission of certain polling stations or mistakes in tallying, it is the EC’s responsibility to correct them,” he said.

Atta Akyea argued that the commission’s independence allows it to act without needing the approval of a court, as the EC is tasked with overseeing the election process and ensuring the integrity of the results. He further contended that any irregularities should be addressed promptly by the EC to preserve the legitimacy of the election and the results.

“The EC is a constitutional body with the authority to remedy any errors that may arise during the election process. This includes re-collating the results if necessary. It does not require a court order to perform this function, as it is part of its mandate to ensure that elections are conducted fairly,” Atta Akyea asserted.

The MP also criticized the idea that the EC should have waited for a mandamus application to resolve the issue, arguing that the Electoral Commission should not be held back from performing its duties simply because of legal proceedings. He stressed that elections should be beyond controversy, and the integrity of the electoral process must be maintained.

“I believe the EC should not have waited for a court order before acting. If there are issues with the results, they should be addressed promptly and without delay. No one should be allowed to benefit from electoral fraud, and no one should take a seat in Parliament under questionable circumstances. If someone wins because of an error or fraud, they should not be allowed to serve,” Atta Akyea stated.

Furthermore, Atta Akyea expressed his concern about the moral implications of allowing individuals to assume parliamentary positions when they have not won legitimately. He suggested that the public and the parties involved must ensure that the election process is transparent, fair, and just. Any attempts to bypass this process or allow dubious results to stand would undermine the democratic principles of the country.

Atta Akyea’s statements underscore the ongoing debate over the EC’s role and powers, especially in situations where election results are disputed. His comments reflect a belief in the necessity for the EC to remain independent and to act decisively in upholding the credibility of elections. By reinforcing the EC’s legal authority to address discrepancies on its own, Atta Akyea advocates for the Commission’s responsibility to ensure that elections are free from fraud and that the final results reflect the legitimate will of the electorate.

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