The Supreme Court (SC) will on Wednesday give its hearing on the case seeking an announcement by the Electoral Commission (EC) of special voting results immediately after it is cast. 

A member of the New Patriotic Party (NPP), Dr. Kwame Amoako-Tuffuor and two others dragged the 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 special voting is usually conducted for security operatives and persons who would usually be working on the Election Day.

Dr Amoako Tuffuor has stated that he believes that people who want to take part in the special voting should not be put on wait until the result is added to the others and declared. He says the result has to be declared immediately.

Other Plaintiffs including Benjamin Arthur and Adreba Abrefa Damoa argued in their writ that section 23 of C.I. 94; the law which regulated the conduct of the 2016 general election, was 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 used in the special election are kept in safe custody after the poll has closed. Also, the Officer is to ensure that the ballot boxes are sealed with the seals of the EC and any candidates or party who wish to add their seal. 

The EC also arranges 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 the plaintiffs are seeking a declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, on ‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.

The 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." 

Also, one other relief they are seeking is 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. 

Also, they are seeking 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.

According to the plaintiffs, the SC should issue an 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. 

However on in Court on Tuesday, presiding judge of the five-member panel, William Atuguba asked the parties to file their memorandum of issues to be determined by close of day.

 

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