A Senior Law Lecturer at the University of Ghana, Legon, says citizens have 21 days within which to file a suit to challenge the outcome of the upcoming elections.

This, according to Dr Aziz Basit Abdul Bamba, is in line with the provisions of the laws of the State.

“Under article 64(1) of the Constitution, a person challenging the election of a person elected as President must file a petition within a period of 21 days after the declaration of the President elect,” Dr Bamba said.

His comment comes as part of discussions on how to fast-track processes in resolving election disputes after the December 7 polls.

During the discussion on JoyNews’ ‘The Law’, the Senior Lecturer stated that the law has been designed in such a way that it ensures expeditious trial.

Dr Bamba said when a petitioner files a case, the law requires that the petition is served on the respondent.

However, the law is also silent on the number of days set for trial and this often accounts for delays in such cases, a situation he stated must be addressed going forward.

“The rules are very silent on the number of days for hearing so it appears that is left to the discretion of the court,” he said.

What happens after a case is filed?

Dr Bamba said respondents have three days to file an appearance to show that they have received the petition.

In a case where respondents are not served with the petition within the said two day period, “the petitioner could go for the petition to be served on the respondent on a different mode that the court may serve,” he added.

He also stated that respondents after filing appearance to show that they have received the petition have 7 days to file an answer in response to the matters in the petition.

“The court within 15 days is supposed to set the case down for trial. Then, there will be hearing and once hearing completes, then the matter will be adjourned for judgement and by the rules, the supreme court is required to come out with its judgement,” he said.

Speaking further, he kicked against views demanding for a reduction in the number of days set for filing a case.

Dr Bamba argued that the 21-day period must be maintained because it gives persons with intentions to contest the outcome of an election enough time to reason over their case.