An Accra Human Rights High Court has challenged the Electoral Commission (EC), headed by Charlotte Osei, to show steps it’s taking to implement Representation of the People Amendment Law (ROPAL).
In the view of the judge, Justice Anthony Yeboah, the EC’s major piece of evidence filed as proof of its claim was a 2011 document, and there was no evidence of actual implementation.
The judge gave the order after the EC had stated in its defence in a case before the court that it was already in the process of implementing the law.
The law, when implemented, would allow Ghanaians abroad to vote in general elections.
Incensed by the supposed feet-dragging by the EC, the five plaintiffs namely-Kofi A. Boateng, PhD; Agyenim Boateng, SDJ; Nellie Kemevor, Obed Danquah and Christiana Sillim, sued the electoral body.
However, just before the trial was about to commence, the EC made the request, through its lawyers, to be allowed to prove that it was taking steps to implement the law.
Samson Lardy Anyenini, lawyer for the plaintiffs, said he was ready to grant the two-week request even though it was obvious the EC had “gone to sleep since the passage of the law and always resorted to the rhetoric of ‘we are implementing it.'”
The judge dismissed the argument of the plaintiffs’ counsel and granted the EC’s request.
The plaintiffs belong to the US-based Diaspora group Progressive Alliance Movement (PAM).
The applicants want the High Court to declare that the failure by the EC to operationalise the Act since same became law on February 24, 2006 is breach of their fundamental rights under the various laws (Articles 42 and 33 (5), (Article 13 of the African Charter on Human and Peoples Rights, etc) and legal instruments.
The applicants, among others, also sought a declaration that their “right to vote and entitlement to be re-registered as a voter for the purpose of public elections and referenda” in the light of Act 699 and various laws and legal instruments is not subject to any condition precedent aside the article 42 citizenship, age and sanity of mind criteria.
The five also want an order of mandamus directed at the EC to forthwith ensure full operationalisation of Act 699 by taking steps to register applicants for the purposes of voting in the 2020 presidential elections and subsequent ones.
The applicants first filed the suit on 4th April, 2016 and withdrew the application after the EC filed their affidavit in opposition.
They subsequently withdrew the suit because of the fact that EC attached certain documents, which showed a clear road map for the effective implementation of Act 699.
They are back in court this time round on grounds of breach of their fundamental human rights.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com