NDC sues EC over new Voters’ register

NDC sues EC over new Voters’ register

The National Democratic Congres has sued the Electoral Commission at the Supreme Court over its decision to compile of a new Voters’ register ahead of the 2020 elections.

The opposition party has consistently kicked against the decision by the election management body to compile a new Voters’ register but the EC has also maintained that it will proceed with its decision.

Several Civil Society Organisations including IMANI Africa have also kicked against the decision for a new voters’ register.

The call for a new voters’ roll was made ahead of the 2016 elections by the then opposition NPP which culminated in a series of demonstrations by the Let My Vote Count Alliance. However, due to financial constraints, the EC failed to heed the call.blank

After meeting stakeholders over the issue, the EC said a new register will be used for the next general elections.

According to the EC, compiling a new voters’ register ahead of the general elections is in the best interest of Ghanaians and will save the nation over 170 million Ghana cedis.

Below is the full suit by the NDC

                                                                                                                     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

  1. 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

  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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

Other Stories: