A seven member Supreme Court Panel presided over by Justice William Atuguba has set Monday, November 14 2016, to deliver judgment on a suit filed by Dr. Kwame Amoako-Tuffuor, a member of the New Patriotic Party (NPP) and two others seeking to compel the Electoral Commission (EC) to announce results of special voting on the same day.
The three including Benjamin Arthur and Adreba Abrefa Damoa are arguing that regulation 23 of the C.I. 94, the law which regulates the conduct of elections, is inconsistent with Article 49 of the 1992 constitution.
Regulation 23 of C.I. 94 states that 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 and ensure that the ballot boxes are sealed with the seals of the Commission and any candidates who wish to add their seal.
However, article 49 of the constitution 1992 says “At any public election or referendum, voting shall be by secret ballot.
2. Immediately after the close of the poll, the presiding officer shall, in the presence of such 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.
Dr. Amoako Tuffour is seeking an order of the Supreme Court 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.
A further order directed at first 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.