An elder of the largest opposition New
Patriotic Party (NPP), Dr. Kwame Amoako-Tuffuor has said he has intelligence
that some persons have planned to rig the December 7 general election during the
special voting exercise.In an interview with Kasapa News, the former
Chief Executive Officer of the Ghana School Feeding Programme, said some
miscreants having sympathies for the ruling National Democratic Congress (NDC)
intend to steal ballot boxes during the crucial polls which is expected to be
keenly contested by the NDC and NPP.
The special voting is usually
conducted for security operatives and persons who would usually be working on
the Election Day. The results of that voting is delayed and announced together
with that of the main elections.
Dr Amoako Tuffour and two others have
hauled the Electoral Commission to the Supreme Court seeking an order to compel
the commission to announce results of special voting on the same day it is
held.
The trio which included Benjamin Arthur and Adreba Abrefa Damoa
argued in their writ that section 23 of C.I. 94, the law which regulates the
conduct of the 2016 general elections, is inconsistent with Article 49 of the
1992 constitution.
Per the C.I. 94 the returning officer shall at the end
of the special voting:
Ensure that the ballot boxes are kept in safe
custody after the poll has closed;
Ensure that the ballot boxes are
sealed with the seals of the Commission and any candidates who wish to add their
seal; and
Arrange for the ballot boxes to be opened at the time of the
counting of the votes cast on the polling day and the ballot papers shall be
counted in the same manner as those contained in the ballot boxes used on the
polling day.
But Dr. Amoako-Tuffuor and his other plaintiffs are seeking
a true and proper interpretation of Article 49 of the constitution “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.”
Below is the full reliefs sought by Dr.
Amoako-Tuffuor and his two other plaintiff:
A declaration that
upon a true and proper interpretation of Article 49 of the Constitution of the
Republic of Ghana, 1992 ,‘special voting’ as provided for by Regulation 23 of
the Public Elections Regulations, 2016; CI.94 is a part of public
elections.
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 poling station; before communicating same to the
returning officer.
A declaration that Regulation 23(11) of Public
Elections Regulations, 2016; CI.94 is inconsistent with Article 49 of the
Constitution of the Republic of Ghana, 1992.
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.
An order directed at 1st Defendant to comply with the
provisions of 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 in respect of special voting for the 2016 presidential and
parliamentary elections and any subsequent public election in the Republic of
Ghana.
Any further order(s) which this Honourable Court deems just and
equitable |
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