The Centre for Constitutional Order (CENCOR) has declared its intention to petition the President to remove what it describes as “lawless” Electoral Commission (EC) Commissioners, citing their actions as a threat to Ghana’s democratic stability.
Speaking on ABC In the Morning, Rockson Konde, CENCOR’s Director of Operations, accused the EC leadership of undermining the integrity of the electoral process and operating as though they were above the law.
“You cannot act as though the EC belongs to you. Commissioners have come and gone, and these Commissioners will also go. If nobody petitions the President, we will ensure they are removed to sanitize the Commission,” Konde asserted.
Konde criticized the EC for overstepping its bounds in declaring parliamentary results in disputed constituencies, such as Gpandai, Tema Central, and Techiman South.
“The declaration of results has nothing to do with the Commissioners themselves. If there is an issue, the courts—not the EC—are the only bodies empowered to resolve it,” he emphasized.
Referencing alleged illegal declarations in some constituencies, he warned that such actions weaken the EC’s credibility and create unnecessary confusion.
“You cannot use a wrong means to correct something you perceive is wrong,” Konde added, stressing that all disputes must follow due legal processes.
Konde also expressed fears that if unchecked, the current EC leadership could create chaos with far-reaching consequences.
“If these Commissioners are not removed, they will paint this country into serious chaos, leaving all of us at a disadvantage,” he cautioned.
CENCOR plans to formally petition the President, urging decisive action to restore order within the Commission and safeguard Ghana’s electoral system.
“So when you do these things, you weaken the EC and what they should know is that, EC does not belong to them. Commissioners have come and are gone. These Commissioners will go.
“And i will re-emphasize that if nobody will petition the President for these commissioners to be removed. CENCOR as a civil society organize will not allow this lawlessness commissioners to remain there.
“we will use our institution to petition the president for the lawless commissioners to be removed so that EC will be sanitize.
“If not, they will create and pant this country into serious chaos and we will all be at disadvantage point.”
Background
The Accra High Court will on Saturday, January 4, 2025 make a determination on whether or not the Electoral Commission (EC) should collate the parliamentary results for Okaikwei Central, Tema Central, Techiman South and Ablekuma North. This comes after lawyers for the Electoral Commission, the New Patriotic Party (NPP) and the National Democratic Congress (NDC) closed down the curtains on their arguments in respect of the mandamus application. Lawyers for the NPP argued that the Electoral Commission (EC) should be compelled to complete the collation of results in the affected constituencies.
Prior to this development, The High Court had dismissed the National Democratic Congress (NDC)’s preliminary objection regarding the court’s jurisdiction to hear the Mandamus application filed by the New Patriotic Party (NPP). On Tuesday, December 31, the NDC argued that the Mandamus application was an attempt by the NPP to challenge the election results in constituencies where the NDC had been declared victorious, without following the proper process outlined in sections 16 and 20 of the Representation of the People Law (PNDCL 284) as amended.
However, NPP lawyer Gary Nimako opposed the NDC’s objection, arguing that the application was not about invalidating the election results but rather about ensuring the Electoral Commission (EC) carries out its constitutional duties.
Gary Nimako, leading the team of lawyers for the NPP candidates, stated that the EC had failed to complete the collation process between December 8, 2024, and January 1, 2025. Describing this delay as unreasonable, Nimako emphasized that constituents in these areas have a right to know the results and the winning candidates.
He further argued that while the NDC claims declarations were made in the affected constituencies, there is no evidence to support this assertion. He also noted that the Electoral Commission itself acknowledged that the declarations were made without completing the collation of polling station results.
The Electoral Commission, represented by Justin Amenuvor, supported the NPP’s application and urged the court to order it to complete its duty. Amenuvor conceded that the collation processes in the affected constituencies remained incomplete. He warned that failure to issue such an order could set a dangerous precedent, potentially enabling unlawful interference in future elections.
Meanwhile, lawyers for the NDC candidates opposed the application. Godwin Tameklo, representing the NDC, argued that a prerequisite for granting a mandamus is a demand that has been refused.
He maintained that no such demand had been made in this case. Tameklo further referenced the video evidence, asserting that it indicated a declaration had already been made in the Tema Central case. According to him, any challenge to the validity of this declaration should be pursued through a petition, not a mandamus.
The court’s ruling on January 4, 2025, is expected to clarify the legal obligations of the Electoral Commission and the procedures for resolving electoral disputes in the affected constituencies. With a few days to the presidential inauguration, concerns are that what becomes of parliamentary representation for these constituencies under contention should the EC fail to carry out its duties within the limited time to the swearing-in inauguration?
