Renowned private legal practitioner and law lecturer, Justice Srem-Sai, has broken down the case of the (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.