Legal practitioner criticises EC over flawed election dispute handling

Legal luminary Kwame Boafo Akuffo, Esq., has strongly criticised the Electoral Commission (EC) for procedural lapses and what he termed a “flawed approach” in addressing disputes surrounding the 2024 election results.

In a detailed commentary, Mr. Akuffo highlighted the legal missteps taken in the wake of allegations by an EC officer claiming duress during the declaration of results.

He argued that such disputes should strictly adhere to settled legal practices, which require challenges to be resolved through election petitions and not judicial review.

“The allegation of duress introduces contested facts, and in such matters, judicial review is not the appropriate remedy unless jurisdictional issues arise,” Mr. Akuffo stated.

He underscored that the EC, as the party alleging duress, should have brought the issue before the court, rather than allowing the matter to proceed through flawed channels.

Mr. Akuffo also raised serious concerns about procedural breaches during recent court proceedings. He pointed out that key stakeholders in the dispute were excluded, violating the principles of natural justice.

“Yesterday’s proceedings were flawed. Other interested persons were not made parties to the process, which is a clear breach of natural justice,” he noted.

Furthermore, he criticised the rushed timeline for hearing the judicial review application, filed on December 17 and heard on December 20, contrary to the mandatory seven-day response period stipulated under Order 55 rule (5) 3 of CI 47.

“Without an application to abridge time, the court had no jurisdiction to hear the application. This raises serious questions about procedural integrity,” he emphasised.

Mr. Akuffo argued that election declarations remain ineffective unless gazetted, meaning any challenge must wait for the cause of action to fully materialise.

“At the root of this application is an attack on purported declarations. These declarations are ineffective unless gazetted, and premature judgements undermine the legal process,” he explained.

He added that aggrieved parties have the option to challenge processes leading to declarations by seeking orders for compliance under CI 127 but must follow due process.

Mr. Akuffo called on the EC, legal practitioners, and the courts to uphold the integrity of Ghana’s electoral and legal systems by adhering to established practices.

“It is necessary that the courts and lawyers walk the settled path in contentious matters. Any deviation erodes public trust and democratic stability,” he concluded.

His critique has sparked widespread discussion about the need for stricter adherence to legal standards in resolving electoral disputes.