The Supreme Court will today, Monday November 14, 2016 give its final ruling in application for an order to compel the Electoral Commission (EC) to announce results of the Special Voting on the day of voting.
Dr. Kwame Amoako-Tuffuor, a member of the New Patriotic Party (NPP), Dr. Benjamin Arthur and Adreba Abrefa Damoa resorted to the apex court arguing that section 23 of the law which regulates the conduct of the 2016 general elections, C.I. 94, is inconsistent with article 49 of the 1992 constitution.
The trio in their lawsuit insisted that the special voting results “…ought to be counted and announced there and then on the date(s) of the special voting.”
Per the C.I. 94 the returning officer shall at the end of the special voting:
- Ensure that the ballot boxes are kept in safe custody after the poll has closed;
- Ensure that the ballot boxes are sealed with the seals of the Commission and any candidates who wish to add their seal; and
- Arrange 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 on the polling day.
Reliefs sought by plaintiffs:
- A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992 ,‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.
- A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, 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 poling station; before communicating same to the returning officer.
- 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, 1992.
- 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, 1992 and Section 13 of the Representation of the People Law, 1992; PNDCL 284.
- An order directed at 1st Defendant to comply with the provisions of Article 49(2),(3)(a) and (b) of the Constitution of the Republic of Ghana, 1992 and Section 13 of the Representation of the People Law, 1992; PNDCL 284 in respect of special voting for the 2016 presidential and parliamentary elections and any subsequent public election in the Republic of Ghana.
- Any further order(s) which this Honourable Court deems just and equitable
Meanwhile a total of 65,000 voters comprising security operatives and the media are scheduled to cast their ballot in this year’s special voting on December 1, 2016.
