Audio By Carbonatix
A member of the Legal team for the opposition National Democratic Congress (NDC), Abraham Amaliba says for the Supreme Court's recommended seven-day time frame for filing an election petition to be recognized, Ghana's constitution will need to be amended.
According to him, the Election Manual is subjugated by an entrenched constitutional provision that makes room for a 21-day preparation period and hence can only be recognized by way of a referendum.
“If they insist that it is an amendment, then I find it difficult to appreciate that because the whole of Chapter 8 of Article 64 is an entrenched clause, and so we’d need some form of referendum to have that change from 21 to seven days. So as we speak now, it is still the law, and that Manual cannot amend that provision,” he noted.
His comment follows a revelation by the Chairperson of the Election Manual Review Committee, Justice Jones Dotse, that the Supreme Court has made a decision to deal with any suit challenging the presidential election within a maximum of 42 days.
Pursuant to this, all political party's have been advised to submit petitions - if any - within seven days after electoral results have been declared.
But speaking to Joy News Tuesday, Mr. Amaliba expressed disapproval of the development, stating that more time is needed to present quality case in Court.
"It depends on how quickly a petitioner can assemble their evidence. We go to court with evidence, and so the framers of the constitution thought that 21 days was enough to put together evidence after the results of an election have been declared. And so I think that in order to not stampede a petitioner to go to court without evidence, the 21 days is still the best".
Although he was in favour of the Court's intention to prevent a repeat of the 2012 election petition which dragged on for about 8 months, Mr. Amaliba objected to the proposed 42-day trial period.
He explained that the prescription denies a lawyer ample time to effectively prepare and handle a petition.
Latest Stories
-
Absa, Impact Food Hub empower agribusiness entrepreneurs for growth
5 minutes -
Access Bank Ghana secures certification as a Carbon Credit Broker
14 minutes -
Accra Mall ignites cultural heat this weekend with vibrant live music celebration
20 minutes -
Africa keeps rebuilding its food security every time a shipping lane closes
24 minutes -
Keta-Axim water transport route moves a step closer as government commissions feasibility study
27 minutes -
Construction of Bolgatanga Airport to begin by end of 2026 – Mahama
31 minutes -
Onion traders hail Trade Minister’s intervention as Ghana-Nigeria trade dispute eases
36 minutes -
COCOBOD threatens to withdraw LBC licences over cocoa purchases on credit
42 minutes -
Western Region needs stronger investment coordination to unlock economic potential — Joseph Nelson
47 minutes -
Mahama donates hearse to Gonjaland Youth Association to support dignified burials
52 minutes -
Awutu chiefs threaten to withhold lands from government over 24-hour market project
56 minutes -
NCCE, GHS sensitise pupils on drug and substance abuse in Sissala West
60 minutes -
Heavy rain causes flooding near Tokyo that kills 4 and strands travellers
1 hour -
CSIR-WRI turns fish wastewater into crop production input
1 hour -
FWSC disputes GAUA’s claims over allowances, rejects comparison with lecturers
1 hour