The largest opposition National Democratic Congress (NDC) has sued the Electoral Commission over attempts by the electoral management body to compile a new voters’ register ahead of the 2020 general elections.
In a writ filed by Lawyer Godwin Edudzi Tamakloe, it explained that the EC lacks the power to go ahead with its plans because it can only “compile a register of voters only once, and thereafter revise it periodically, as may be determined by law.”
The Attorney General has also been cited as a defendant in the case.
Read Full Writ Below
IN THE SUPERIOR COURT OF JUDICATURE
IN THE SUPREME COURT OF GHANA
ACCRA – A.D. 2020
SUIT NO:
WRIT TO INVOKE THE ORIGINAL JURISDICTION OF THE SUPREME COURT
BETWEEN:
NATIONAL DEMOCRATIC CONGRESS PLAINTIFF
H/NO 12, ADAMA STREET,ADABRAKA
ACCRA
-AND-
1. ATTORNEY GENRAL DEFENDANTS
ATTORNEY GENERAL DEPARTMENT
MINISTRIES, ACCRA
2. ELECTORAL COMMISSION OF GHANA
NEAR RIDGE HOSPITAL
ACCRA
TO:
ATTORNEY GENERAL
ELECTORAL COMMISSION
IN THE NAME OF THE REPUBLIC OF GHANA, you are hereby commanded within fourteen (14) days after the service on you of the statement of the Plaintiff’s case inclusive of the day of service, that you are to file or cause to be filed for you a statement of the Defendant’s case in an action at the suit of:
NATIONAL DEMOCRATIC CONGRESS of Accra:
The nature of the reliefs sought is as follows:
1. A declaration that upon a true and proper interpretation of Article 45(a) of the 1992 Constitution, 2nd Defendant has the constitutional power to, and can, compile a register of voters only once, and thereafter revise it periodically, as may be determined by law. Accordingly, 2nd Defendant can only revise the existing register of voters, and lacks the power to prepare a fresh register of voters, for the conduct of the December 2020 Presidential and Parliamentary Elections.
OR IN THE ALTERNATIVE
2. A declaration that upon a true and proper interpretation of the provisions of the Constitution, specifically article 51 read conjointly with article 42 of the Constitution, the power of the 2nd Defendant to compile and review the voters’ register must be exercised subject to respect for and the protection of the right to vote;
3. A declaration that, upon a true and proper interpretation of the provisions of the Constitution, particularly article 42, upon the registration of and issuance of a voter identification card to a person, that person has an accrued right to vote which cannot be divested in an arbitrary and capricious manner;
4. A declaration that, upon a true and proper interpretation of the provisions of the Constitution, particularly Article 42 of the Constitution, all existing voter identification cards duly issued by the 2nd Defendant to registered voters are valid for purposes of identifying such persons in the exercise of their right to vote;
5. A declaration that upon a true and proper interpretation of the Constitution, specifically Article 42, the 2nd Defendant’s purported amendment of Regulation 1 subregulation 3 of the Public Elections (Registration of Voters) Regulations, 2016 (C.I 91) through the Public Elections (Registration of Voters)(Amendment) Regulations, 2020 to exclude existing voter identification cards as proof of identification to enable a person apply for registration as a voter is unconstitutional, null and void and of no effect whatsoever;
6. A declaration that the 2nd Defendant, in purporting to exercise its powers pursuant to article 51 of the 1992 Constitution to exclude the existing voter identification cards from the documents required as proof of identification to enable a person register as a voter without any justification is arbitrary, capricious, unreasonable and contrary to article 296 of the 1992 Constitution;
7. A declaration that upon a true and proper interpretation of the Constitution specifically Article 42 of the 1992 Constitution, proof of identification for registration as a voter should not be limited by the provisions of Public Elections (Registration of Voters) (Amendment) Regulations, 2020;
8. An order directed at the 2nd Defendant to include all existing voter identification cards duly issued by the 2nd Defendant as one of the documents serving as proof of identification for registration as a voter for the purposes of public elections;
9. Any other order or orders as this Honorable Court would deem fit in the circumstances.
The Capacity in which the Plaintiff is bringing this action is as follows:
The Plaintiff brings this action in its capacity as a citizen of Ghana to seek the interpretation and/or enforcement of the provisions of the Constitution under Articles 2(1) (b) and 130(1) (a) thereof.
The address for service for the Plaintiff is as follows:
National Democratic Congress
H/No 12,Adama Street, Adabraka, Accra
The address for service of Counsel for the Plaintiff is as follows:
LAW OFFICES OF AYINE&FELLI
NO.C808/29 1ST CLOSE LILY STREET,
EAST LEGON, ACCRA
The names and addresses of persons affected by this writ is as follows:
ATTORNEY GENERAL
ELECTORAL COMMISSION
DATED AT ACCRA THIS 19TH DAY OF MARCH, 2020
…………………………………
GODWIN KUDZO TAMEKLO
LAWYER FOR THE PLAINTIFF
LIN NO.e GAR02107/20
THE REGISTRAR,
SUPREME COURT,
ACCRA.
AND FOR SERVICE ON:
ATTORNEY GENERAL
THE ELECTORAL COMMISSION
ACCRA
Source: Isaac Kwame Owusu/Peacefmonline.com/[email protected]
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CONVI 19 IS HERE AND ALL YOU THINK ABOUT IS COURT AND VOTER REGISTER . SO WHEN ALL THE CITIZENS DIE WHO WILL BE VOTING FOR YOU . IT HIGH TIME WE THINK ABOUT THE WELBEING OF THE NATIONALS THAN OUR SELFISH INTEREST.WHAT IS THE USE OF VOTER REGISTER WHEN THOSE WHOARE GOING TO VOTE ARE NO MORE .
THE PROPHETS OF DOOM, NDC, MUST KNOW THAT WE CANNOT SHUTDOWN THE NATION. THE GATHERING OF NIA REGISTRANTS MUST CONTINUES JUST LIKE LIFE CONTINUES AT MARKETS, THE MALLS AND OTHER PLACES. ALL WORKING SERVICES MUST BE ADVISED TO IMPROVE THEIR CONDITIONS OF THEIR ENVIRONMENT FOR SAFETY. ONE MIGHT ARGUE THAT WHY SHOULD CHURCHES, MOSQUES AND FUNERALS BE BANNED? CHURCHES ND MOSQUES OPERATES IN DIFFERENT ENVIRONMENT. THE CONGREGANTS ALMOST ALWAYS GATHERED IN AN ENCLOSED PLACE. AGAIN CHURCH AND MOSQUE SERVICES INVOLVES SINGING, SHOUTING, OR EXCLAMATIONS THAT EASILY BRINGS OUT THE VIRUS FROM AN INFECTED PERSON TO SPREAD. WE ALSO KNOW THAT GENERALLY FUNERAL GATHERINGS OF GHANAIANS INVOLVES MANY PEOPLE GATHERED WITH ALL MANNER OF ENGAGEMENTS AND GREETINGS. NIA REGISTRATION DOES NOT INVOLVE ANYTHING LIKE THAT. IF NDC WOULD LIKE THE NIA REGISTRATION TO STOP THEN THEY SHOULD AS WELL EXPECT PARLIAMENT, THE COURTS, THE BANKS, THE MEDIA HOUSES AND EVEN THE HOSPITALS TO CLOSE DOWN. WE MAY AS WELL CANCEL ELECTIONS IN DECEMBER 2020 FOR WE DO NOT KNOW WHEN THE PANDEMIC WILL END. AMERICA IS MORE HIT THAN GHANA AND YET THEY HAVE JUST HAD THEIR PRIMARIES FOR THE DEMOCRATS WHICH WAS VERY MUCH ENGAGING THAN NIA REGISTRATION. NDC IS BEHAVING AS IF THEY HAVE SOMETHING TO GAIN FROM COVID-19. THIS PANDEMIC CANNOT BECOME A POLITICAL GAME. NIA HAS JUST ONE WEEK TO FINISH NATIONWIDE. WE CANNOT AFFORD TO DISRUPT THAT PROGRAM. NDC MUST BEHAVE AS A SERIOUS POLITICAL PARTY AND STOP THE EVIL WISHFUL THINKING.
Some characters parading themselves as lawyers in NDC party are ***barred word*** and lacks common sense in pursuant to seek justices in compiling new voters registration. How come such a lawyer wins a simple case with this altitude. Is EC has the power t compile new voters register per the 1992 constitution? Who determining compiling new register? Can supreme court decide for EC operations in Ghana? Can any political party also decide same on EC ? Again can NDC decide for supreme court judges the way they should operate in Ghana? I can confidently say that ND have lost touch with the voters and chasing for nothing to be discussed
Is the EC thinking about this COVID 19 at all, now we have 11 cases and who is going out to register ? Even more people have decided not to vote due to the lies of Akufo Addo
MY SIMPLE QUESTION TO THE NDC IS THAT WITHOUT COMPILING A NEW REGISTER, HOW CAN THE EC ASSIGN A NEW CODES FOR THE NEWLY CREATED REGIONS?
It's evident that the ndc are spending more time on the voters register than their campaign messages. We the voters know that they have something to hide. Their hopes of rigging the election lies in the current register. There's deflecting this so we can't see their true intentions. But we know.
The timing is well-calculated to delay and stall the compilation process. The NDC knows it does not have a strong case against the EC's decision to compile a new register that is why they have waited all this while before going to court. The party is also aware of the time constraint the EC is facing and believes that a little delay and time-wasting that this legal action can occasion has the potential to disrupt the compilation. It will be naive to think the party doesn't know the implications of their actions. The EC will have to put the process on hold until the case is decided by the Supreme Court. If the supreme court expeditiously gives its interpretation of the relevant constitutional provisions, then the EC may still have time to continue with the process. Otherwise, a little delay will force the EC to abandon it. This is the last resort to stop the process.
What is the motive behind the EC woman at all? So if you wanted to do a new register why can her allow the people to use the old ID Voter to register? Oh Ghana! let us wake up small ooo
Funny guys at work. Case died in high seas before it lands on the court. Why do these guys in NDC do not want a clean register? Improve and progress is important in life but NDC don't want it - amazing. Backward never
As the demo did not go well so will this suit.