CHAPTER 1

                             INTRODUCTION

The Preamble to the 1992 Constitution states in part as follows:

AND IN SOLEMN declaration and affirmation of our commitment to;

Freedom, Justice, Probity and Accountability;

The Principle that all powers of Government spring from the Sovereign Will of the People;

The Principle of Universal Adult Suffrage; The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation:

DO HEREBY ADOPT, ENACT, AND GIVE TO OURSELVES THIS CONSTITUTION.

In order to make the Principle of Universal Adult Suffrage meaningful, we have as a Nation adopted the holding of public elections every four years to elect our President and members of Parliament. For any election to be credible, it must be free, fair and transparent.

By their very nature, the conduct of elections under the principle of Universal Adult Suffrage, in a pluralist political party system which we have adopted in Ghana, imposes serious responsibilities on the institutions of state constitutionally mandated to adjudicate electoral disputes that arise from the conduct of general elections.

In Ghana, it is the Judiciary that is constitutionally mandated to adjudicate all electoral disputes under articles 64(1) (2) and (3) with regards to the election of a President; and articles 99 (1) (a) and (2) of the 1992 Constitution for Parliamentary Elections.

In order for the Judiciary to be considered as a credible institution in resolving election disputes, it must have mechanisms to deal promptly, effectively and efficiently with all the complaints that will arise from any election.

Her Ladyship the Chief Justice, Mrs Georgina Wood on 17 July 2008 at the formal launch of the Peace and Development Concert at the British Council Hall, stated in part as follows:

"One constant source of trouble is disputed elections. Elections are supposed to be the most transparent way of settling political choices of the people and Ghanaians would like and indeed are justifiably entitled to know what measures we have put in place to deal with election disputes, particularly post electoral disputes that may find their ways into our courts. "

This Manual is therefore to aid the various stakeholders involved in adjudication of electoral disputes to enable them to be fully apprised of the Constitution 1992 and the laws applicable.

It is hoped that this manual will help achieve the desired results with respect to the election dispute resolution mandate of the Supreme Court in respect of the Presidential Election, and the