CHAPTER 6

DEADLINES FOR PRESENTATION OF ELECTION DISPUTES

After every Parliamentary Election in Ghana, the results shall be Published in the Gazette.

 It:is provided under the Representation of the People Act, 1992 PNDCL 284) as amended that an election petition must be resented within 21 days after the publication in the Gazette"

It:is further provided that the Gazette Notification of the election suits must be in respect of the election to which the petition relates.

: is further provided in PNDCL 284 as amended that:

(a) election petitions on allegation of corrupt practice, eg alleging payment of money or other award to have been made by the person whose election is questioned must be presented within twenty one days after the date of the alleged payment. 1 0

(b) it should be further noted that, a strict computation of time from the time of the alleged corrupt payments was made would work injustice against the person affected. Time should under the circumstances be expanded to start running from when the petitioner became aware of the fact of the corrupt payment or ought to have known within reasonable time limit. This will ensure that the strict time limits within which election Petitions are to be filed are not unduly compromised.

The corrupt payment must have been made to the knowledge of the person whose election is being questioned

The corrupt payment must have been made to the knowledge of the person whose election is being questioned.

There is a further provision in sub-section (2) of section 18 of PNDCL 284 which stipulates that even though an election Petition must have been filed within the twenty one days after the results have been published in the Gazette, it is not valid if the petitioner does not pay as security for costs an amount of money determined by the High Court. Reference may be made to the case of Republic v Electoral Commission; Ex parte Amoo [1997-98] I GLR 938 at 939. In this case an election petition filed at the High Court was struck out due to the failure of the petitioner to pay the costs for security within the statutory period.

What this means, in effect, is that this security for costs must be determined by the High Court and must also be paid within the twenty one days allowed under the law.

It follows that, for example, if an election petition is filed within the period of twenty one days, but the security is not paid within the statutory period, the election petition would be struck out: see case of Isaac Amoo v Rebecca Adotey" unreported ruling of the High Court, Accra mentioned in the headnote to the case of Republic v Electoral Commission; Ex parte Amoo, [1997-98] I GLR 938 at 939. Regarding the prevailing Rules governing payment of fees: see Civil Proceedings (Fees and Allowances) Rules, 2007 (CI 55).

The Law in section 18 (3) of PNDCL 284 as amended stipulates lat the time limit provided under the lavv, to wit filing of an lection petition within twenty one days, shall not be extended. 7hat this means is that, the time-honoured discretion that Superior Court Judges have in such situations has been completely ousted by the law. The courts therefore have no discretion Whatsoever under the law to grant an extension of time to someone -ho, for one reason or the other, is unable to file his or her petition within the 21 days prescribed under the Law.

he rationale for such stringent provisions is understandable. This because, it is very important that the finality of a disputed section must be known within a reasonably short time.

Thiis can only happen if those interested in contesting the election suits are compelled to do so within a short space of time to -event the delay in the contest of such an election petition.