The Supreme Court on Wednesday rebuked the Electoral Commission for showing disrespect towards the court.
At the court’s hearing of oral submissions on the Special Voting case, all seven panel members took turns to heavily criticise the EC for under-estimating the gravity of the issues before the court, Graphic Online’s Emmanuel Ebo Hawkson reports.
The reason was that, the court needed some clarifications on the case and none of the commissioners, directors or staff of the EC were present in court to provide that clarification.
The lead counsel of the EC, Mr Thaddeus Sory was also not in court but was represented by his assistant, Mr Sean Poku.
Since the clarification was technical in nature, Mr Poku could not provide the court with the information it needed.
A suit over the special voting exercise in the lead up to the December 7 polls has now taken centre stage at the Supreme Court.
At the court's sitting Wednesday, the legal teams of the EC and the three individuals who filed the suit made their oral submissions, Ebo Hawkson reported.
The court presided over by Mr Justice William Atuguba will give judgement on the matter on Monday November 14, 2016.
Other members of the panel were Justices Jones Dotse, Anin Yeboah, Paul Baffoe-Bonnie, A.A Benin, Yaw Apau and Gabriel Pwamang.
The court said that at least if activities at the EC was that busy, it should have designated one person to represent it in court and therefore since none of them was in court, it showed disrespect towards the apex court.
Special voting
Special voting is a special dispensation under the electoral laws that allows registered voters who will not be able to present themselves at their polling stations on voting day as a result of the roles they will play in the elections to vote on a date before the rest of the electorate vote on the date set for the elections.
The category of people who are allowed to do special voting are security personnel, officials of the EC, election observers and journalists.
The suit challenging the constitutionality of the rules governing the exercise was initiated by Dr Kwame Amoako Tuffour, a retired lecturer; Benjamin Arthur, an alternative dispute resolution (ADR) practitioner, and Adreba Abrefa Damoa, a pensioner.
They are arguing that Constitutional Instrument (C.I.) 94, which states that special voting ballot boxes will be sealed to be opened on close of voting on Election Day for counting, was unconstitutional.
The plaintiffs 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, C.I. 94, is a part of public elections.
They are also 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, C.I. 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 before communicating same to the returning officer.
The plaintiffs are further seeking an order striking down Regulation 23 (11) of the Public Elections Regulations, 2016, C.I. 94, as being inconsistent with Article 49 (2), (3) (a) and (b) of the Constitution and Section 13 of the Representation of the People Law, 1992, PNDCL 284.
Source: Daily Graphic
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Why all this noise. Is it that these plaintiffs have been outside the country ever since elections began in the country.The practice has been that the special voting ballot boxes were kept at the police station after voting. They were all added to the general one and then counted in the full glare of all present. What are they afraid of. Sometimes these our learned people take us all on the path of much ado about nothing.Whether they are counted and recorded or added to the general one and counted will not change the results anyway.
charlotte simply represent all the reasons why women are mostly not preferred in power, they most often than the men gain pride and become very disrespectful to anyone. this woman likes to play, she is toooooo much of a woman for this job,she behaves like i will show you where power lies if you dont notice i am the boss, of all the EC's we have had in this nation only Charlotte got a make up artist, dressed up and took pictures for the media during a crucial year of elections, if she has time for all this do you think she is a serious minded person. at the early stage this woman was over pampered with how she looked, everyone seem to focus on her beauty and it has indeed gotten to her, so instead of focusing on more pressing issues she still have the aim of looking good and appearing good before the cameras how serious can she be. another problem is she is on a mission to be seen as a tough woman and strong for her position if you have the need to act tough then you are not tough at all, it is like someone who sees an ex happy and says "i dont care" meanwhile he or she cares paaa , if you have the need to act and prove to people that you are strong through stubborness and disrespect then madam Charlotte you are not as strong as you act. and when you do presentations do them as a serious woman holding a serious position, "agoro wo waniso dodo". that chatham house presentation i still cant believe she presented it in such unserious manner, that unnecessary constant sniff and unnecessary little noise she makes with her mouth, anyway she is indeed nice but for me her mouth is her minus just saying. but that woman must be serious and work like a serious person and gain alittle humility and respect for herself and others, she plays too much.
The rebuke was not necessary, since it was their first time. Ghanaians will soon brand the supreme court judges as NPP's. They should be careful. If NPP can say EC is working for NDC then I believe Supreme court is working for NPP. Former President Kuffour Appointed Chief Justice.
We raise red flags everywhere. Why will should the EC declear this results? If you don't trust your party agents to so a good job,throw in the towel and stop wasting everyone's time. Mctweeeee!!
How i wish they will rule in favor of the three. I want mahama to win convincingly and they will have nothing to point to as a means NDC use to rig the election. Ghanaians will vote for JM and NPP and their detector will hide forever. JM Toaso
Why are they annoy when they see nothing wrong with 27 0 what were they a aspecting from EC
Madam Charlotte Osei and her EC will be down again on Monday meaning SC will rule in favour of these 3 persons. Because it is just a common sense. If special voting ballots are counted , no looser or winner.
I dont trust the genuineness Justice William Atuguba. The predicaments of Ghana are tied to his apron.
The ruling is not against one particular party. It is for all parties present and future who want to take advantage of the weak system to cheat.
IF THE SUPREME COURT RULES IN FAVOUR OF THE THREE MEN, THEN MAHAMA AND THE NDC'S RIGGING PLANS ARE FOREVER GONE.