The caucus said it did not lie within the power of the EC not to recognise the results of Nsawam-Adoagyiri, Ahafo Ano South West, Ahafo Ano North, Obuasi East, Dome-Kwabenya, Okaikwei Central, Ablekuma North, Tema Central and Techiman South.

It said C.I. 127 was clear that where results were declared, it was not up to the EC or its commissioners to decide to “ignore, to validate or not validate that declaration”.

“It lies with the High Court which can declare those declarations as unlawful. Therefore, whether or not a re-run of the election or re-collation or whatever it is, it can only be ordered by a court of law,” it said.

High Court

Speaking on behalf of the Minority Caucus, the MP for South Dayi, Rockson-Nelson Dafeamekpor said, “the Constitution is very clear in Article 99 (1) that where a person is aggrieved or there is a challenge in respect of whether or not the parliamentary seat or a member of parliament is in doubt, the High Court is seized with the original jurisdiction in this matter.

He said the decision by the EC to call for re-collation of the results of polls in the affected constituencies was very strange to electoral laws, particularly the Constitution, PNDC Law 284, as well as C.I. 127, particularly in Regulations 39.

He said sub-regulations 2 and 3 of the regulation specified how results should be declared after a parliamentary election was held.

To him, the only opportunity given to the EC to reconsider the outcome of a parliamentary election is contained in Regulation 42, where there is parity of results.

Under such circumstances, where parliamentary candidates obtained the same votes, the EC was mandated in law under Regulation 42 of C.I. 127 to conduct a rerun of the election.

“That is the only window that the EC is given under the regulation governing our public elections to reconsider the outcome of a parliamentary election,” he said.

The MP, however, said there was no other provision, particularly after the declaration of the results for the EC to “do what it is doing”.

Mr Dafeamekpor cited a past incident when aggrieved Minority MPs, led by the then Minority Leader, Haruna Iddrisu, over the outcome of the Techiman South parliamentary elections during the December 7, 2020, general election petitioned the EC.

He said the Minority members, in spite of being “brutalized,” walked to the EC head office at Ridge in Accra to present the petition to the EC chairperson on December 22, 2020.

“On December 23, 2020, Jean Mensa acknowledged the receipt of the petition and assured us that she would respond to the terms of the petition.

“On December 31, she said re-collation can be conducted before the declaration of results in all parliamentary and presidential elections but after the declaration of the results, re-collation is no longer feasible and that if any person is aggrieved, it is the law court that must settle the matter.