Re-collation exercise was to ensure rightful MP-elects are declared - EC

The Electoral Commission (EC) has indicated that its decision to re-collate and re-declare some constituency results was necessitated by illegalities which could not be upheld by the Commission.  

Speaking at a press conference at the EC Headquarters in Accra on Tuesday, December 24, 2024, the Deputy Chairman of the EC, Dr Bossman Asare, stressed that the EC cannot uphold any illegality. 

He explained that the re-collation and re-declaration were undertaken to ensure that the rightful Members of Parliament (MPs)-elect were declared for the outstanding constituencies under contention.  

Dr Asare refuted claims by some political actors that the EC lacked the authority to re-collate and re-declare results, citing precedents from the 2004 general elections in parts of the country.  

“It has been stated by some people that the re-collation the Commission is doing is illegal because the Constitutional Instrument (CI) says after declaration you cannot re-collate. We wish to state that this is false. It is important to note that the Commission cannot uphold an illegality,” he stated.  

Dr Asare further explained: “What happened at the collation centres, where the collations were done without all the polling station results, and where people were held with guns and knives, cannot be legal, and the Commission would not uphold this.”  

He added that the CI was very specific about instances where re-collation could not be done.  

“There are instances where the CIs are specific that you cannot re-collate after declarations. We want to state that those declarations should follow due processes. Declarations that we do not re-collate are those that follow due processes. The current ones are an illegality, and they cannot be upheld by the Commission,” Dr Asare added.  

12 constituencies in focus  

The Deputy EC Chair noted that the decision to re-collate 12 constituencies was prompted by disruptions at various collation centres. Out of these, 10 had been successfully resolved, with the rightful MPs-elect declared and gazetted.  

The constituencies that have so far been re-collated and re-declared include: Fanteakwa North, Akwatia, Suhum, Nsawam-Adoagyiri, Obuasi East, Tema Central, Okaikoi Central, Techiman South, Ahafo Ano North, and Ahafo Ano South-West.  

The two constituencies yet to be addressed are Ablekuma North and Dome Kwabenya.  

Dr Asare indicated that the Commission decided to complete the collation process in Accra due to the security situation in the constituencies where results were outstanding. He stated: “In our engagement with the Ghana Police Service and the Election Security Task Force, it was concluded that completing the outstanding collation in Accra would be more ideal.”  

He referenced Article 46 of the 1992 Republican Constitution, which stipulates that: “Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission shall not be subject to the direction or control of any person or authority.”  

Precedents in Ghana’s electoral history

Dr Asare highlighted that instances of re-collation and re-declaration were not alien to Ghana’s electoral processes. He referred to the 2004 elections, supervised by then-EC Chair Dr Afari Gyan, where similar actions were undertaken to uphold the integrity of results.  

In the Zabzugu-Tatale constituency during the 2004 elections, a mob attack on the collation centre led to the destruction of polling materials, including the statement of polls and declaration sheets. This prompted the EC Chair to invite candidates from both the NDC and NPP to re-collate and re-declare results on December 24, 2004, at the EC Tamale Regional Office.  

In the Tolon constituency that same year, a mob attack resulted in the family of the Returning Officer being held hostage. This led the Commission to re-collate and re-declare results at the Tamale Regional Office under the protection of the Ghana Armed Forces.  

Dr Asare also recalled similar incidents in Yapei Kusogu and Pru constituencies in 2004, where mob attacks on Returning Officers necessitated re-collation and re-declaration of parliamentary results.  

Call for support  

Dr Asare called on stakeholders to support the Commission as it carries out its mandate, mentioning that the EC has no interest in determining who becomes President or MP.  

“The Commission has always maintained that it is not the responsibility of the Commission to make someone the President or Member of Parliament. That is the sole responsibility of the people of Ghana, and the Commission will ensure that the will of the people as expressed at the polling stations is reflected at all times,” he said.  

He urged all stakeholders to back the Commission in concluding its processes to ensure that the rightful MPs-elect represent their constituents in Parliament.