The Supreme Court will on Monday decide whether to order Ghana’s Electoral Commission to announce the results of the special voting in this year’s general elections and subsequent ones after close of polls the same day.
Currently, per the C. I 94 cast ballots of special voting are sealed by the EC and the parties, kept in safe custody at the close of poll, and only opened and counted at the close of poll on election day on December 7.
But some three Ghanaians, led by the New Patriotic Party’s Dr Kwame Amoako-Tuffuor, are challenging that section of the election regulation at the Supreme Court on the basis that it is inconsistent with Article 49 of the constitution.
They want the results of the special voting in this year’s December 7 general elections and subsequent ones opened, counted and declared there and then after close of polls
Upon hearing arguments from lawyers of the applicants and the EC Wednesday, the seven-member panel chaired by Justice William Atuguba fixed Monday November 14 to deliver its judgment in the case.
Below is the full reliefs being sought by the applicants
– 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
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