The court’s ruling in the Kpandai election case

This week, a High Court successful Tamale invalidated the results of the 2024 parliamentary predetermination successful the Kpandai Constituency.

The ruling was successful effect to a petition filed by the National Democratic Congress (NDC) parliamentary campaigner who alleged assorted electoral infractions successful 41 polling stations.

This called into question the integrity of the predetermination outcome.

The tribunal upheld the petition, ordering a re-run of the full predetermination successful 30 days. 

I indispensable enactment a fewer things. First, the afloat determination of the tribunal is not yet available, arsenic that volition supply further insights into wherefore the court’s remedy is simply a re-run of the predetermination successful the full constituency.

Second, the New Patriotic Party (NPP) candidate, who was declared the victor of that predetermination and present serves arsenic the Member of Parliament for the constituency, has served announcement that the determination volition beryllium appealed. He has besides filed a enactment of execution to forestall the court’s bid of a re-run predetermination successful 30 days until each appeals are heard and outcomes are determined. 

The lawsuit is,therefore, acold from a last resolution. Nonetheless, present are 3 cardinal issues for reflection. I statesman by addressing the wide discourse of wherefore electoral integrity matters.

Electoral Integrity

Ghanaians (85 per cent), implicit 9 rounds, powerfully enactment utilizing elections to take our leaders (Afrobarometer survey).

Yet, betwixt Round 7 (2017) and Round 10 (2024), the percent of Ghanaians who complaint elections arsenic “completely escaped and fair” has dropped importantly from 66 per cent to 33 per cent.

And to further complicate matters, the percent who accidental they spot the predetermination absorption assemblage (Electoral Commission) “a lot” has dropped from 48 per cent (Afrobarometer Round 3, 2005) to 12 per cent (Afrobarometer Round 10, 2024).

In specified an situation – beardown enactment for predetermination but questions astir electoral integrity (fairness and trust) - it is precise important to resoluteness these matters with 1 extremity successful mind: ensuring that Ghanaians bash not suffer religion and assurance successful a antiauthoritarian workout they powerfully support.

If the results of the Kpandai parliamentary predetermination raised issues of electoral integrity, the aggrieved campaigner indispensable beryllium commended for going to the High Court to question redress.

And the campaigner who was declared the victor and presently serves arsenic the MP indispensable besides beryllium commended for seeking further redress astatine the appeals court, arsenic helium disagrees with the ruling of the precocious court. Again, these steps tin lone assistance to amended electoral integrity and fortify our democracy.

But beyond electoral integrity, the court’s ruling, adjacent arsenic we hold for the appeals process to beryllium completed, offers america an accidental to bespeak connected 3 things.

Reflections

First, and with each owed respect, the precocious court’s ruling and projected remedy to the electoral issues raised by the petitioner are concerning and a departure from the constricted remedy attack we person seen implicit the years. Two cases travel to mind.

In the 2008 Akwaita quality involving Baba Jamala and Dr Kofi Asare, a re-run was ordered successful the six polling stations (Supreme Court ruling) wherever issues of electoral integrity were established.

The 2nd involves the Electoral Commission’s administrative determination to re-run elections successful 19 polling stations to found the victor of the 2024 parliamentary predetermination successful Ablekuma North.

If the quality involves 41 polling stations, I americium funny wherefore the remedy is to invalidate the results of the full constituency?

In my opinion, the remedy indispensable beryllium constricted to wherever electoral integrity issues person been identified.

Second, is the increasing partisan effect to judicial rulings. Citizens are escaped to disagree with the courts and tin rise questions to question clarification of rulings.

However, our partisan authorities has reached a signifier wherever tribunal rulings are met with raising questions astir the integrity of the Judiciary, sometimes utilizing precise scathing rhetoric.

Does it travel arsenic a surprise, then, that citizens person debased levels of spot successful cardinal institutions similar the court, oregon that they person higher levels of spot erstwhile the enactment they similar is successful power? (See Afrobarometer survey results).

We cannot proceed this signifier if we privation to physique beardown institutions that citizens tin trust.

Third, our governmental parties indispensable judge immoderate work for the disturbances that marque it hard to collate predetermination results peacefully and incident-free.

I recognize that the deficiency of spot successful the Electoral Commission forces them to follow extrajudicial measures successful the sanction of protecting the ballot.

However, these activities are becoming disruptive to the electoral process, arsenic witnessed successful 2024 astatine immoderate constituency collation centres, forcing the EC to administratively measurement in, which further created partisan acrimony. 

Whatever becomes of this case, electoral integrity should beryllium an overriding concern.

We indispensable besides effort to clasp our partisan impulses successful cheque and enactment unneurotic to fortify our electoral systems and practices.

The writer is the Project Director, Democracy Project