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NDC VS EC, excerpts from the ruling

Diamond News bring to listeners’ an extract from Thursday’s ruling in the NDC and one Mark Tekyi-Banson consolidated case, challenging the EC’s refusal to accept existing voters ID Cards as requirements for the upcoming voters Registration exercise.

The seven member panel chaired by the Chief Justice, Kwesi Enin Yeboah ruled that:“Relief two is granted subject to the fact that all eligible voters must make themselves available for registration as directed by the Electoral Commission pursuant to the Public Elections (Registration of Voters) (Amendment) regulation, 2020 CI 126.
Relief three: This is granted subject to the Voter Registration card issued to an eligible voters under the prevailing constitutional Instrument CI 126,” the SC said.

The SC reiterated an earlier decision of the court in Abu Ramadan and Nimako case where the court re-emphasized that the EC in exercising its discretion in the discharge of the constitutional mandate in cleaning the Voters Register, “should be deemed as authorized to be acting within the law and the regulation therein, and cannot be faulted even if it is considered that there is more efficient mode or method available.”

Accordingly, the court held further that, the EC in performing its mandate under Article 45 of the Constitution, cannot be compelled to act in a particular manner unless “there is a clear evidence that they have acted unconstitutionally.”

The highest court of the land also gave some CONSEQUENTIAL ORDERS in its Thursday’s ruling as follow:

In the exercise of the powers conferred on us under Article 2 (2) of the Constitution 1992, we (making references to the seven member panel chaired by the chief justice, Enim Yeboah) hereby make the following orders:-

1. It is hereby ordered that all stakeholders and the Ghanaian eligible voters are directed to comply with Articles 42 and 45 of the Constitution and the Public Elections (Registration of Voters) (Amendment) Regulations, 2020 C.I. 126 as regulated by the Electoral Commission i.e. 2nd Defendants in Suit No. J1/9/2020 and 1st Defendants in J1/12/2020 in carrying out their constitutional mandate in the compilation of a new voters register.

2. By this decision, the Electoral Commission i.e. 2nd Defendants in Suit No. J1/9/2020 and 1st Defendants in Suit No. J1/12/2020 are hereby directed to commence the compilation of the voter registration exercise as scheduled.

3. By these decisions and, by virtue of Article 130 (2) of the Constitution any court in which same or similar action is pending or yet to be filed shall apply the decision rendered by the Supreme Court in these consolidated suits. Reasons will be filed on or before the 15th of July 2020.

Source: Nelson Adanuti Nyadror | |Ghana

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