Interesting scenario awaits the nation in the wake of Parliament passing the Constitutional Instrument (C.I. 126).
This is because the Supreme Court COULD effectively nullify that decision as it prepares to rule on a case filed by the opposition National Democratic Congress (NDC) on Thursday.
The NDC has sued the Electoral Commission (EC) over its decision to compile a new voters' register.
The NDC is seeking 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.”
Parlament Passes C.I. 126
Parliament by a majority decision, 106 - 92 has approved the recommendation of the Subsidiary Legislation Committee to adopt its report on the Constitutional Instrument (C.I. 126).
This CI gives legal backing to the Electoral Commission’s (EC) plans to compile a new voter’s register.
The C.I. 126, which makes the Ghana Card and the Ghanaian passport the only legal identification documents for registering people in the new biometric voters' register.
Compilation of new register
The Electoral Commission has scheduled June 30, 2020, to begin the compilation of the new voters' register.
A letter sighted by Peacefmonline and signed by the Deputy Chairman, Corporate Services, Dr. Bossman E. Asare to the ruling New Patriotic Party (NPP) said "This letter comes to inform you that the 2020 Voters Registration Exercise has been scheduled to commence on Tuesday, the 30th of June, 2020. The registration will be held at all Registration Centres and District Offices of the Electoral Commission throughout the country."
Meanwhile, the Supreme Court is yet to decide on the case
Speaking to this on Peace FM morning show 'Kokrokoo', the Editor-in-Chief of the New Crusading Guide newspaper, Abdul Malik Kweku Baako said even though Parliament has passed the C.I, the apex court can quash it.
According to him, the "SC can declare Parliament's decision as unconstitutional"
Listen to him in the video below
Source: Rebecca Addo Tetteh/Peacefmonline.com
Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |
necessary from time to time to defend the vulnerable in our polarised political environment. I am surprised our MPs can be so selfish. Am I to believe that this move to reject the voter id card will not disenfranchise any voters on the majority side? sometimes you enact these laws and they come back to hunt you yourself
@Bash, Because of separation of powers, Supreme Court cannot set parliamentary decision aside. And more over sensing danger of defeat, the lawyer representing NDC has withdrawn the suit against EC on the compilation of new voters' register!
Unelected Judges would not cast aside a law passed by elected representatives of the people. It is unwritten law. So Kwaku, for this one, it will not happen, although not impossible in Ghana. Unwarranted crash between Judiciary and the Legislature
I never knew supreme court can declare a bill that has gone through parliament and ultimately signed by the president unconstitutional.I thought they are there to interpret laws made by the executive and the legislature but not to make laws
You think this will happen under NPP when they have brought their judges and justices to the judiciary? Please come again.
what kind of journalism is this? So called journalists in the country do they undergo training at all? You pick a statement that was said within a context and turn it into the body of a story under an emphatic caption, wow! We listened to the audio thank goodness.
THIS CANNOT HAPPEN IN A *SHI_T HOLE COUNTRY LIKE OURS THAT IS RULED (NOT GOVERNED) BY A DICTATOR LIKE AKUFFO ADDO. THE PRESIDENT AND HIS PARTY APPARATCHIKS WILL CALL FOR THE HEAD OF THE CHIEF JUSTICE BEFORE EVEN THE SUN SETS IF THAT SHOULD HAPPEN (IE IF THE SC DECLARES UNCONSTITUTIONAL THE DECISION OF NANA ADDO'S MANIPULATED PARLIAMENT). EVEN A "DEAD CACAS" CAN TELL YOU HOW THE RULING WILL GO BEFORE THE CASE IS DECIDED. WHEN YOU SEE A HUNTER SHARPENING HIS KNIFE SERIOUSLY YOU DON'T NEED HIS MEAT CARRIER TO COME AND TELL YOU THEY HAVE KILLED A GAME (***barred word***). EVENTS CAST THEIR SHADOWS BEFORE THEY ACTUALLY HAPPEN.