CHAPTER 4
COMMENCING ELECTORAL DISPUTES IN
PRESIDENTIAL ELECTIONS
Pursuant to article 64 (1) of
the Constitution 1992, any
citizen of Ghana who is duly
registered as a voter may
present a petition to the
Supreme Court within 21 days of
the declaration of the
Presidential results,
challenging the election of the
President.
Pursuant to article 64(1) of the
Constitution 1992, any citizen
of Ghana who is duly registered
as a voter may present a
petition to the Supreme Court
within 21 days of the
declaration of the Presidential
results, challenging the
election of the President.
In order to determine who is a
citizen of Ghana; one has to
turn to chapter three of the
Constitution 1992 and the
Citizenship Act, 2000 (Act 591),
both of which deal with
citizenship.
It is to be noted that whenever
a challenge is made to the
capacity of a person who seeks
to challenge any Presidential
Election result, the Supreme
Court shall take into
consideration the provisions of
the Constitution 1992 on
citizenship and Act 591.
This is because there are
different methods by which
citizenship is conferred on a
person, ie by birth, by
operation of la\v, by
registration and or by
naturalization.
Once this issue of capacity as
to whether the petitioner is a
citizen or a registered voter
has been decided, then the way
is set for L 1~,. court
to proceed with the hearing of
the petition.
COMMENCING ELECTORAL DISPUTES IN
PARUAN1ENTARY ELECTIONS
Pursuant to section 17 of the
Representation of the People
La\v, 1992 (PNDCL 284), as
amended, an Election Petition
may be presented within 21
days from the publication of
the results in the Gazette
by one or more of the following:
(a) person who lawfully voted or
had a right to vote at the
election to which the election
petition relates;
(b) a person who claims that he
had the right to have been
elected at the election; and
(c) a person alleging to have
been a candidate at the
election. (d) a person claiming
to have had a right to be
nominated as a candidate at the
election.
What should be noted is that a
petitioner in an election
petition must satisfy the High
Court that he has the necessary
capacity to initiate the
petition. Once the court is
satisfied that a petitioner is
clothed with the capacity to
institute the petition, the
court can go ahead to commence
hearing on the substantive
petition. On other hand, if the
court is satisfied upon
examination that the petitioner
does not have the capacity as
stated in PNDCL 284, s 17 as
amended to initiate the election
petition, then there will be no
need to entertain the petition.
The petition should then be
dismissed for lack of capacity
on the part of the petitioner.
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