Legal Practitioner Questions EC’s Authority to Declare Electoral Processes “Illegal”

A private legal practitioner and law lecturer, Clara Beeri Kasser-Tee, has raised concerns about the Electoral Commission’s (EC) authority to declare electoral processes “illegal,” arguing that such declarations may exceed the EC’s mandate and require judicial oversight.

Speaking on JoyNews’ Newsfile on Monday, December 28, 2024, Kasser-Tee emphasised that the EC’s role as an administrative body does not extend to making legal determinations of illegality, which must be supported by judicial processes.

“Is it within the capacity of the EC to declare that there is an illegality? That, for me, is a question the courts must answer,” she stated.

Her comments follow the Supreme Court’s recent quashing of recollated results in the 2024 parliamentary elections for the Tema Central, Ablekuma North, Techiman South, and Okaikwei Central constituencies.

The court ruled that the Electoral Commission’s actions violated the National Democratic Congress (NDC) parliamentary candidates’ right to a fair hearing during High Court proceedings.

Kasser-Tee explained that while the EC can acknowledge administrative errors, declaring actions “illegal” requires a legal basis and due process.

“When you say you have made an error, you admit it as a matter of fact. But if you are saying something is illegal, it’s a question of law,” she noted.

She stressed the importance of procedural compliance in determining whether the EC acted within its mandate, adding that transparency in addressing allegations fosters trust in electoral processes.

“If the procedure was followed and due process adhered to, disputes might not even arise,” she said.

The law lecturer also questioned whether the EC had provided all parties an opportunity to be heard after receiving allegations of irregularities.

“The EC has a duty to act fairly and reasonably. What I didn’t see is how these allegations were addressed. Did the EC give all parties an opportunity to be heard?” she asked.

Kasser-Tee further highlighted that allegations of fraud or irregularities require proof before any legal declarations can be made.

“Yes, it’s true that fraud vitiates everything, but allegations of fraud do not vitiate anything—they must be proven,” she asserted.

In her concluding remarks, Kasser-Tee underscored the need for fairness and consistency in the EC’s actions.

“When decisions are made fairly, people may not always agree, but they will respect them. The EC must ensure its processes are beyond reproach,” she said.