Accra High Court to Hear Obuasi East Election Dispute Today

The Accra High Court will today preside over a judicial review application filed by Samuel Aboagye, the declared winner of the Obuasi East parliamentary election.

The case challenges the Electoral Commission of Ghana’s (EC) decision to conduct a second collation and declaration of results, alleging that the move was unlawful and contrary to electoral regulations.

The application also names Patrick Boakye Yiadom, the opponent in the disputed election, as an interested party. Aboagye contends that the EC’s actions undermined the integrity of the election and violated established protocols.

Samuel Aboagye, represented by his lawyer, Elikplim L. Agbemava, argues that the Public Elections Regulations, 2020 (C.I. 127), do not allow for a second collation or declaration of results once the initial announcement has been made.

Aboagye claims that during the collation on December 8, 2024, the results were finalised and documented on Form 1D, which was duly signed by all candidates and their representatives.

He insists that this document constitutes a binding agreement and cannot be altered or disregarded without the consent of the parties involved.

The EC, however, conducted a second collation on December 21, 2024, leading to a new declaration of results that overturned Aboagye’s earlier victory and named Patrick Boakye Yiadom as the winner.

Aboagye’s application seeks several key rulings from the court:
1. Nullification of the Second Declaration: He requests that the court declare the EC’s second collation and declaration of results null and void.
2. Gazetting of Initial Results: He demands that the EC gazette the results of the December 8 collation, which he claims confirmed his victory.
3. Restraining Order on EC: He asks the court to restrain the EC from publishing or endorsing any results other than those documented on the original Form 1D.
4. Injunction Against Opponent: He seeks an injunction preventing Patrick Boakye Yiadom from holding himself out as the elected Member of Parliament for Obuasi East.

Aboagye’s legal team maintains that the EC’s decision to conduct a second collation undermines the credibility of the electoral process and sets a dangerous precedent.

They argue that any party dissatisfied with the declared results should challenge them through the appropriate legal channels, not by altering the results unilaterally.

The case also raises questions about the EC’s transparency and its adherence to electoral laws. Critics argue that the second collation contradicts the principles of fairness and impartiality, essential for maintaining public trust in the democratic process.

The General Jurisdiction Court Two is set to hear the matter today. The outcome of the case is highly anticipated, as it could have significant ramifications for the parliamentary seat of Obuasi East and broader electoral practices in Ghana.

If the court rules in favour of Aboagye, it would reinforce the finality of election results as declared by the EC and discourage deviations from established procedures. However, a ruling against him could prompt calls for clearer guidelines to address disputes and prevent similar controversies in the future.

The case underscores the vital role of the judiciary in upholding electoral integrity and ensuring that the democratic will of the people is respected.