[ 2016-10-26 ]

Special voting faces challenges
Dr Kwame Amoako Tuffuor, a retired lecturer;
Benjamin Arthur, an Alternative Dispute Resolution
(ADR) Practitioner, and Adreba Abrefa Damoa, a
pensioner, are arguing that Constitutional
Instrument (C.I.) 94, which states that special
voting ballot boxes will be sealed to be opened on
close of poll on election day for counting was
unconstitutional.

“To brazenly let any provision of C.I. 94
regarding special voting override Article 49 of
the 1992 Constitution and Section 13 of PNDCL 284
in the name of an unprovable fear of victimisation
of special voters is to assert that in spite of
the strides made in over 20 years of
constitutionalism, we still creep at the
repercussions of our legitimate democratic
choices. Security officers vote for and against
governments or opposition parties during
elections. No fetish should be made about this
fact,” the statement of case accompanying the
writ seeking to invoke the original jurisdiction
of the Supreme Court has noted.
They are accordingly invoking the original
jurisdiction of the Supreme Court to declare that
upon a true and proper interpretation of Article
49 of the 1992 Constitution, ‘special voting’
as provided for by Regulation 23 of the Public
Elections Regulations, 2016; CI.94 is a part of
public elections.


The plaintiffs are seeking 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 polling station; before
communicating same to the returning officer. 


A declaration that Regulation 23 (11) of Public
Elections Regulations, 2016; CI.94 was
inconsistent with Article 49 of the Constitution
of the Republic of Ghana, 1992, is also being
sought for by the plaintiffs.
The plaintiffs want 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.


The plaintiffs also want an order directed at the
EC to comply with the provisions of Article 49
(2), (3) (a) and (b) of the 1992 Constitution 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.

Statement of case

A statement of case filed on behalf of the
plaintiffs by their lawyer, Mr Egbert Faibille
Jnr, said article 49 (2) of the 1992 Constitution
provided: “Immediately after the close of the
poll, the presiding officer shall, in the presence
of the candidates or their representatives and
their polling agents as are present, proceed to
count, at that polling station, the ballot papers
of that station and record the votes cast in
favour of each candidate or question.”

Article 49 (3) of the 1992 Constitution provides:
“The presiding officer, the candidates or their
representatives, and in the case of a referendum,
the parties contesting or their agents and the
polling agents, if any, shall then sign a
declaration stating (a) the polling station; and
(b) the number of votes cast in favour of each
candidate or question; and the presiding officer
shall there and then announce the results of the
voting at that polling station before
communicating them to the returning officer.”


It further argued that Section 13 (2) of PNDCL 284
also provides: “Immediately after the close of
the poll, the presiding officer shall, in the
presence of the candidates or the representatives
and the polling agents who are present, proceed to
count, at that polling station, the ballot papers
of that station and record the votes cast in
favour of each candidate.”


Section 13 (3) of PNDCL 284 states: “The
presiding officer, the candidates or the
representatives of the candidates and the polling
agents shall then sign a declaration stating (a)
the total number of voters entitled to vote at the
polling station, and (b) the number of votes cast
in favour of each candidate and the presiding
officer shall there and then announce the results
of the voting at that polling station before
communicating them to the returning officer.” 

Source - Graphic Online.com

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