Oliver Barker-Vormawor Criticizes Electoral Commission’s Disregard for Judicial Processes in Election Dispute

Ghanaian activist Oliver Barker-Vormawor, a prominent figure in the Democracy Hub, has expressed strong dissatisfaction with the Electoral Commission’s handling of the recent election disputes, accusing the body of undermining judicial processes.

Speaking on JoyNews’ NewsFile program, Barker-Vormawor condemned the Supreme Court’s judgment as a “Solomonic judgment,” suggesting that it lacked the clarity and maturity that Ghanaians have been waiting for in order to uphold the rule of law.

The case in question involved the Electoral Commission’s (EC) refusal to collate results from four disputed constituencies. The Supreme Court had been approached through a mandamus application, a legal procedure used to compel an entity to perform a duty it is legally obligated to carry out. In this instance, the EC was required to show it had either failed or refused to collate the votes after a reasonable demand had been made, but Barker-Vormawor argues the commission did not make its refusal clear.

“The EC never said it was refusing to collate the results, yet it failed to oppose the mandamus,” he noted. “If there’s no refusal or failure from the EC, then there is no legal basis for the mandamus to apply.”

Barker-Vormawor went further to criticize the EC’s actions following the High Court’s ruling. Despite a pending application to stay the court’s decision, the Electoral Commission proceeded to re-collate the results in the disputed constituencies, which he described as an unlawful rush. “This is a blatant disregard for the law. The EC went ahead and collated the results, violating the judicial process,” he said.

He stressed that such actions demonstrated a concerning trend of the Electoral Commission undermining the judiciary. “When there’s a pending application to stay a court decision, you can’t take actions that disregard the court’s authority,” Barker-Vormawor emphasized. “The EC’s actions in filing an affidavit and then going ahead to gazette the results undermine the very foundation of our democratic processes.”

Barker-Vormawor’s comments reflect a growing frustration among civil society groups over the perceived impunity with which state institutions, including the Electoral Commission, operate in Ghana. His remarks highlight the critical need for greater accountability and transparency in electoral processes, especially when judicial decisions are at stake.