Seats Redeclaration: Justice Srem-Sai breaks down NDC’s case against EC at the Supreme Court

Renowned private legal practitioner and law lecturer, Justice Srem-Sai, has broken down the case of the National Democratic Congress (NDC) against the Electoral Commission of Ghana on the recollection and redeclaration of five parliamentary election results initially declared in favour of the party.

In a statement shared on X, Justice Srem-Sai, on December 25, 2024, indicated that the case filed by the NDC in the Supreme Court is challenging a ruling of the High Court that nullified the initial declaration of five constituencies, namely Okaikwei Central, Ablekuma North, Nsawam-Adoagyiri, Tema Central, and Techiman South, where NDC parliamentary candidates were declared winners.

He explained that the NDC’s case is that the judge who presided over the case, Rev Fr Justice Joseph Agyemang, annulled the initial declaration and ordered a recollation and redeclaration without hearing from the party's parliamentary candidates who were present in the court with their lawyers.

"The fundamental rule of law is that a court cannot make a final decision which will adversely affect a person whom the court did not give an opportunity to present his or her side of the story.

“Yet, none of the NDC MP candidates who contested in the elections in the six constituencies, and who were declared winners, were made a party to any of the six NPP applications. The NDC MP candidates, however, got wind of the necodemus applications and immediately, on December 20, caused their lawyers to file an application in which they begged the High Court judge to allow them to be heard before he decides the case.

“Even though the NDC MPs and their lawyers were in the courtroom, the judge flatly refused to allow them to join the case, thereby refusing to hear their side of the story. He refused even though he knew very well that his decision would definitely affect them,” he wrote.

He said that the reasons the judge gave for not hearing the NDC candidates were because the court was going for a Christmas break and the closeness of the swearing-in of the next parliament.

He added that "So, the fundamental question before the Supreme Court on Friday is - whether Rev Fr Justice Agyemang’s orders should stand, considering that he refused to hear the NDC MPs’ side of the story before making final orders which affected them."

Read his full statement below:

On Friday, December 27, the Supreme Court will hear and decide whether the High Court’s decision - which authorised the EC to re-collate the parliamentary election results for 6 constituencies - should stand.

The constituencies are (1) Okaikwei Central, (2) Ablekuma North, (3) Nsawam-Adoagyiri, (4) Tema Central, (5) Techiman South, and (6) Ahafo Ano North. Here are the facts leading to the Supreme Court case:

(1) Voting in the elections ended at 5pm on December 7. The election results for the constituencies were subsequently collated and declared, all in favour of the NDC parliamentary candidates.

(2) On December 17, the NPP parliamentary candidates for each of the constituencies filed separate applications at the High Court in Accra for an order directing the EC to re-collate the already collated and declared results.

(3) All the 6 cases were placed before one High Court judge, Rev Fr Justice Joseph Agyemang, in General Jurisdiction 13, in Accra.

(4) The fundamental rule of law is that a court cannot make a final decision which will adversely affect a person whom the court did not give an opportunity to to present his or her side of the story.

(5) Yet, none of the NDC MP candidates who contested in the elections in the 6 constituencies, and who were declared winners were made a party to any of the 6 NPP applications.

(6) The NDC MP candidates, however, got wind of the necodemus applications and immediately, on December 20, caused their lawyers to file an application in which they begged the High Court judge to allow them to be heard before he decides the case.

(7) Even though the NDC MPs and their lawyers were in the courtroom, the judge flatly refused to allow them to join the case, thereby refusing to hear their side of the story. He refused even though he knew very well that his decision will definitely affect them.

(8) In refusing to hear the NDC MP candidates, the Judge explained himself in each of his 6 rulings in the following words:

“[The NDC] Joinder Application at this stage should not operate as a setback on this [NPP] Application because of the urgent nature of the circumstances of this case.

The Court is going for the Christmas holidays and the Parliamentarians would be sworn-in in the first week of January, 2025. So it behoves on all of us to ensure that the Constituency in question be represented appropriately (sic)”.

So, the fundamental question before the Supreme Court on Friday is - whether Rev Fr Justice Agyemang’s orders should stand, considering that he refused to hear the NDC MPs’ side of the story before making final orders which affected them.

Merry Christmas 🎄.

BAI/OGB

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