CHAPTER 8

RELIEFS WHICH MAY BE GRANTED BY THE COURTS

PRESIDENTIAL

In the case of petition against a Presidential Election, rule 71 of Cl 16 provides that:

The Court shall at the conclusion of the hearing of the petition deliver its judgment and the Registrar shall within seven days of the delivery of the judgment forward a copy of the judgment to the Electoral Commission.

PARLIAMENTARY

After hearing an election petition, the High Court may make any of the following orders or decisions:

(a) declare that the election to which the petition relates is void and order a fresh election;

(b) declare that a candidate other than the one whose election is questioned was duly elected; or

(c) dismiss the petition, and declare that the one whose election is in question was. duly elected.

From the above, it is clear that the High Court has been vested with power to declare the election to which the election petition relates as being void, and therefore being of no effect whatsoever. When that happens, then a bye-election would have to be held in that particular constituency.

Alternatively, either the petitioner is declared as the winner of the disputed election or the person whose election is disputed, is declared duly elected: see case of Enos v Electoral Commission [1999­2000] I GLR 564.]

CERTIFICATION OF DECISION

After the conclusion of the hearing of an election petition, and after the High Court has taken any of the decisions or made any of the orders referred to (supra) or as is contained in section 19 of PNDCL 284, the court shall certify its decision to the Electoral Commission. I?

The Commission shall request the return by the returning officer in respect of the election to which the petition relates to be confirmed or altered accordingly as the dictates of the case warrant. However, if the decision certified by the High Court to the Commission is to the effect that the election to which the petition relates is void, a writ shall be issued for a fresh election in the constituency concerned: Ref Enos v Electoral Commission [1999­2000] I GLR 564 at 565.

REPORT OF COURT AS TO CORRUPT OR ILLEGAL PRACTICES

At the conclusion of the hearing of an election petition, the High Court shall, if satisfied that a person has been proved to have committed the offence of corrupt or illegal practice in connection with the election which the petition relates, do the following things:

(i) send a written report to the Attorney-General giving the name and description of that person;

(ii) the nature of the corrupt or illegal practice; and

(iii) any other information that the High Court considers

DETERMINATION OF MEMBERSHIP OF PARLIAMENT

One of the fertile areas of electoral disputes is that of the qualifications for election to Parliament. The qualifications and eligibility as a member of Parliament are set out in article 94 of the 1992 Constitution and section 9 of PNDCL 284. Under these Laws the candidate to be elected must, among other things, have the following qualifications:

• residence in the constituency or hail from that constituency or locality

·       be a citizen of Ghana whether by birth, registration or naturalisation

·        be a registered voter

·must not have been convicted of certain specified offences. • must not be disqualified by a law in force from contesting

the election

• must have the requisite age - 21 years for election as a Member of Parliament (40 years for election as President)

It shall be noted that any time a question arises as to whether in a public election the seat of a Member of Parliament has become vacant or not maybe referred to and determined by the High Court on a petition presented by the Attorney-General 19

The State Proceedings Act, 1998 (Act 555), waives the requirement of giving one month's notice before the commencement of legal proceedings against the Republic in election petitions against any act or omission of the Electoral Commission.

PROHIBITION OF DISCLOSURE OF VOTE

The High Court shall not require a person who has voted at the election whose results are being contested to disclose the person for whom he voted in any proceedings relating thereto before the Court.