The Supreme Court of the Republic of Ghana
The Supreme Court had ordered parties in the case brought against the Electoral Commission (EC) over the counting of special votes to file their memorandum of agreed issues before close of yesterday.
The five-member panel of justices presided over by Justice William Atuguba, said the court had received the commission’s statement of defense.
This, the judge said, would pave way for the hearing of the case today, insisting that time is of essence.
Other judges on the panel are Justices Jones Dotse, Anin-Yeboah, Paul Baffoe-Bonnie and A.A. Benin.
The applicants – Dr Amoako Tuffuor, Benjamin Arthur and Adreba Abrefa Damoa – were represented by Lawyer Egbert Fabille Jnr. while the EC’s lawyer was Sean Poku.
The Attorney General was represented by Dorothy Afiyie Ansah, a State Attorney.
Dr Tuffuor and the two others (Applicants) who were in court yesterday, contend that people who wish to take part in the special voting should not be put on wait until the result is added to the others and declared.
They say the result has to be declared immediately.
The Plaintiffs argued in their writ that Section 23 of C.I. 94 – the law which regulates the conduct of the 2016 general election – was inconsistent with Article 49 of the 1992 Constitution.
Per the C.I. 94, the Returning Officer shall at the end of the special voting, ensure that the ballot boxes used in the special election are kept in safe custody after the poll has closed.
Also, the Officer is to ensure that the ballot boxes are sealed with the seals of the ECÂ and any candidates or parties who wish to add their seals.
The EC also arranges for the ballot boxes to be opened at the time of the counting of the votes cast on the polling day and the ballot papers shall be counted in the same manner as those contained in the ballot boxes used in the general election.
However, the Plaintiffs are seeking a declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana on ‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations 2016, CI.94 is a part of public elections.
The Plaintiffs are seeking a true and proper interpretation of Article 49 of the Constitution “and Section 13 of the Representation of the People Law, 1992 (PNDCL 284) the ballots to be cast pursuant to Regulation 23(1),(2),(3),(4),(5),(6),(7),(8)(9) and (10) of the Public Elections Regulations 2016, CI.94 by special voters in the December 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date(s) of the special voting by the Presiding Officers and the results at each polling station before communicating same to the Returning Officer.”
Also, one other relief they are seeking is a declaration that Regulation 23(11) of Public Elections Regulations 2016 (CI.94) is inconsistent with Article 49 of the Constitution of the Republic of Ghana.
Also, they are seeking an order striking down Regulation 23(11) of Public Elections Regulations 2016 (CI.94) as being inconsistent with Article 49(2), (3)(a) and (b) of the Constitution of the Republic of Ghana and Section 13 of the Representation of the People Law 1992 (PNDCL 284).
According to the Plaintiffs, the SC should issue an order directed at first Defendant to comply with the provisions of Article 49(2), (3) (a) and (b) of the Constitution of the Republic of Ghana and Section 13 of the Representation of the People Law (PNDCL 284) in respect of special voting for the 2016 presidential and parliamentary elections and any subsequent public election in the Republic of Ghana.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com