OVER TO YOU GHANAIAN LAW PROFESSORS AND LAWYERS. THIS GUY IS NOT A LAWYER BUT UNDERSTANDS WHAT THE SUPREME COURT OF GHANA SAID
OVER TO YOU GHANAIAN LAW PROFESSORS AND LAWYERS. THIS GUY IS NOT A LAWYER BUT UNDERSTANDS WHAT THE SUPREME COURT OF GHANA SAID
Kwadwo 8 years ago
The EC is being mischievous because the ruling is as clear as daylight. This is contemptuous and the commissioners must be sanctioned by the court. The EC is clearly playing with fire.
The EC is being mischievous because the ruling is as clear as daylight. This is contemptuous and the commissioners must be sanctioned by the court. The EC is clearly playing with fire.
BOY KOFI 8 years ago
Uncle Kofi Ata,you rather seem to be naive.I respect Charlotte a lot on her bold decision not to delete the names of NHIS Cards from the voters' register unilaterally.The SC ruled that EC should "delete or clean" the register ... read full comment
Uncle Kofi Ata,you rather seem to be naive.I respect Charlotte a lot on her bold decision not to delete the names of NHIS Cards from the voters' register unilaterally.The SC ruled that EC should "delete or clean" the register immediately.Charlotte is saying she can't do that alone,it has to follow a due process that will bring all the stakeholders onboard.Now tell me,what about those who benefited from the NHIS votes,the excutives,legislative and ministers?In my candid opinion,Charlotte has saved Ghana from another coup d'état.We must be objective in our analysis.The Supreme Court ruling gave the EC 2 options to operate within.First one is to delete the names of those whose qualifications are in doubt.Second one is to clean the register immediately.Therefore,you must know that the EC has a legal team who studied the ruling very well and opted for a reasonably operation to save Ghana from falling into Constitutional crisis.Mind you,there are millions of Ghanaians on the register who don't have any identification document at all.I'm happy Charlotte has saved Ghana by intelligently adopting the reasonable option.Thank you.
cat 8 years ago
On the issue of NHIS registered voters the SC is so clear that they should be deleted. On other issues like the dead on the register the SC says clean it. Now there are people who registered with NHIS but have other means of ... read full comment
On the issue of NHIS registered voters the SC is so clear that they should be deleted. On other issues like the dead on the register the SC says clean it. Now there are people who registered with NHIS but have other means of proving their citizenship, the SC says don't disenfranchise them but give them opportunity to register this time with an acceptable identification. What's so difficult with understanding and implementing this ruling?
BOY KOFI 8 years ago
Now let's look at the ruling with objectivity.(a)That the EC takes steps immediately to "delete" or as is popularly known "clean" the current register of voters to comply with the provisions of the 1992 Constitution,and appli ... read full comment
Now let's look at the ruling with objectivity.(a)That the EC takes steps immediately to "delete" or as is popularly known "clean" the current register of voters to comply with the provisions of the 1992 Constitution,and applicable laws of Ghana.
Now tell me,what are the applicable laws of Ghana?Why do you think the EC is wrong by chosing the second option in the ruling?That's taking steps immediately to clean the register with due process.I have not seen in the ruling that the EC is obliged to "delete" the names of voters who registered with NHIS Cards unless you show me.Thank you.
Kofi Ata, Cambridge, UK 8 years ago
BOY-KOFI, the Supreme Court orders were emphatic and specific. It did not mention stakeholders but the EC. The EC was ordered to delete and must do so. However, nothing stops the EC from doing so with stakeholders if it so wi ... read full comment
BOY-KOFI, the Supreme Court orders were emphatic and specific. It did not mention stakeholders but the EC. The EC was ordered to delete and must do so. However, nothing stops the EC from doing so with stakeholders if it so wishes but cannot use that as an excuse not to act as ordered.
Deleting the names of those who used the NHIS cards to register and re-registering them will be within the laws of Ghana and that is why Orders (a) and (b) must be complied with in tandem. That is, the Supreme Court Order (a) is relied upon by EC to identify and delete the names and therefore truncating the process of a petition to the EC and a hearing at a Magistrate Court prior to deletion of a name from the register as the current law states. Remember court rulings are part of the laws of the land (commonly known as secondary legislation or case law, particularly those of the superior courts- High, Appeal and Supreme Courts).Then, Order (b) will be implemented relying on the CI used for the recent limited registration exercise. That will allow those who have no document to prove their Ghanaian citizenship to provide two registered voters to attest that they are Ghanaian citizen. I have outlined the processes that the EC could use to implement the Supreme Court Orders.
You are wrong to suggest that Mrs Osei saved Ghana from another coup d'etat. There has not been a coup d'etat in the Fourth Republic, let alone another coup. The fact is, by her recalcitrant attitude, she is gradually plunging Ghana into a constitutional crisis, if she is not careful.
BOY KOFI 8 years ago
When you tell somebody to take immediate steps to delete or clean the current register of voters.To some extent,you have given the person 2 options.There is no obligation to delete but the register must be credible,that's the ... read full comment
When you tell somebody to take immediate steps to delete or clean the current register of voters.To some extent,you have given the person 2 options.There is no obligation to delete but the register must be credible,that's the contention before the SC.I personally don't see anything wrong with what EC is doing to get the register credible.Thank you.
Prof. Issifu, USA 8 years ago
The SC ruling doesn't take retroactive effect! In other words it doesn't affect the 2012 elections! Simply stated, it says that it wasn't legal for the NHIS registered voters to elect our leaders and so going forward the EC m ... read full comment
The SC ruling doesn't take retroactive effect! In other words it doesn't affect the 2012 elections! Simply stated, it says that it wasn't legal for the NHIS registered voters to elect our leaders and so going forward the EC must avoid that situation. And those who registered with NHIS must be given another opportunity to register with a acceptable ID so they can still vote in future elections! If the EC doesn't understand this simple ruling then she isn't fit to conduct a free and fair elections in Ghana!
Peter Ayamga 8 years ago
Mrs Osei doesn't mean well
Mrs Osei doesn't mean well
Abeeku Mensah 8 years ago
I try to be optimistic Ghanaians in the Diaspora would be enlightened because of their respective new home countries but I have proven wrong. A lot of the articles from across the seas have been dangerously short on thought p ... read full comment
I try to be optimistic Ghanaians in the Diaspora would be enlightened because of their respective new home countries but I have proven wrong. A lot of the articles from across the seas have been dangerously short on thought processes but full of tribal and political party driven ideals.
Ms Osei at the EC could not do anything to make the EC more acceptable to any party not in political power and that's how we roll in Ghana. Like the Ghana constitution that gives card blanche for criminals to walk free amongst us as members of parliament or the president so it is with institutions that are funded by government. How is journalism in Ghana to improve or have the desire to enhance their investigative skills if they are bribed by government through annual gifts they receive from preferred governments? The Supreme Court of Ghana, political party talking head and those masquerading as men of God who shamelessly add their tribal and politically motivated two cents to ongoing political discourse cannot explain or give definitive answer or suggestion to the question on how any institution of government can verify and certify the birth certificates of majority of Ghanaians, especially those over the age of 50 years. Ghana did not and continues to not have national birth registry neither is it mandatory for everyone in Ghana to be birthed in government run clinic and hospitals.
Driving documents behind Ghanaian citizenship have not been clearly defined by the Supreme Court or others; to ask the EC to clear registry rolls of one form ID without a certifiable system of birth certificate system in Ghana only goes to show the lack of wisdom that is at the root of the chaotic daily existence. Which of the so-called approved ID's are tamper proof? If non Ghanaians carry Ghanaian passports then you tell me what is a legitimate Ghanaian identification card that can pass muster Kofi Ata, Cambridge, UK?
Kofi Ata, Cambridge, UK 8 years ago
Abeeku Mensah, your response is very disappointing. I have explained why in my view, the EC is wrong to say that it will not delete the names of those who used NHIS cards to register from the Voters' Register as ordered by th ... read full comment
Abeeku Mensah, your response is very disappointing. I have explained why in my view, the EC is wrong to say that it will not delete the names of those who used NHIS cards to register from the Voters' Register as ordered by the Supreme Court. I have quoted the relevant sections of the judgement to buttressed by case, yet you ignored my arguments and make a number accusations that are irrelevant to the article.
Regarding the matter of who is a Ghanaian and eligible to register to vote, the authorities in Ghana recognise the problems of lack of documents such as birth certificates and have taken care of that in the C I 91. That is, two people who are registered voters to attest that one is a Ghanaian. It's not perfect but until a national ID card is introduced and all deaths and births are registered, Ghana will continue to have this problem. As you rightly said even if every Ghanaian is issued with a passport, there will be some non-Ghanaians who will manage to get Ghanaian passports. That also happens in the developed world.
The Supreme Court ruling did not and will not disenfranchise those who used NHIS cards to register because the judgement also ordered the EC to take steps within the laws of Ghana to re-register them after they are deleted from the register.
Amma 8 years ago
And reject entirely Abeeku Mensah's criticism of Kofi on this issue. Everything about what Kofi has said would be typically an enlightened position of a Westerner. Public bodies make mistakes intended or unintended but they d ... read full comment
And reject entirely Abeeku Mensah's criticism of Kofi on this issue. Everything about what Kofi has said would be typically an enlightened position of a Westerner. Public bodies make mistakes intended or unintended but they do not have as a gift not to take responsibility and make amends. In all of this, the fact that EC and Parliament erred in allowing the cards to be used is lost on most. In the West there would be a massive backlash and the EC and Parliament would both not have it in n their gift to shirk their responsibilities for inconveniencing the citizenry. Who is responsible for this farce, I ask? I am sure it is not Kofi Atta in Cambridge,
sam 8 years ago
Dont be perturbed by idiots who only want things their way.
Dont be perturbed by idiots who only want things their way.
HARLOT OSEI IS A BITCH 8 years ago
NPP MUST NOT ALLOW NDC & THEIR EC COLLABORATORS (HEADED BY MAAME ALATA HARLOT OSEI) TO SUCCEED IN THEIR PLOT TO RIG THE 2016 ELECTION FOR NDC. IF WAR COMES, SO BE IT. NPP MUST DRAW A HITLIST OF NDC & EC PEOPLE WHO WILL BE ELI ... read full comment
NPP MUST NOT ALLOW NDC & THEIR EC COLLABORATORS (HEADED BY MAAME ALATA HARLOT OSEI) TO SUCCEED IN THEIR PLOT TO RIG THE 2016 ELECTION FOR NDC. IF WAR COMES, SO BE IT. NPP MUST DRAW A HITLIST OF NDC & EC PEOPLE WHO WILL BE ELIMINATED IF AND WHEN ELECTORAL VIOLENCE OR WAR BEGINS. ENOUGH IS ENOUGH: NPP MUST NO LONGER TOLERATE THIS BULLYING & CHEATING. NDC ARE NOT THE ONLY "MEN" IN GHANA. RED BLOOD FLOWS THROUGH ALL OF US!!
Okonko Palm 8 years ago
I am a bit worried about how a person like you should throw objectivity to the dogs.In fact you came across as someone who has axe to grind with Charlotte Osei,the ec chairman.An objective analysis should have left out the p ... read full comment
I am a bit worried about how a person like you should throw objectivity to the dogs.In fact you came across as someone who has axe to grind with Charlotte Osei,the ec chairman.An objective analysis should have left out the personal issues.
Now as a person who is vexed in the human rights law you understand clearly its role in legal and constitutional interpretations.You also understand its role in a retrospective legal decisions.That is why I am surprised that you see the ruling of the sc as clear.It is not and there is a lot in it.The best approach is what the ec has done.
In the ruling there was no order specifically about those who registered with the NHIS cards so it comes down to applying the law and precedents.
When a court declares something unconstitutional, does it have an abdinicio effect which means it relates back to the foundation and removes everything that is based on the unconstitutionality or is the declaration of unconstitutional prospective so that anything that has occurred before then is valid?
The human rights law must be interpreted, so far as it is possible to do so, in a way that is compatible with these rights. ?It must also be noted that breaches of these rights by the court or legislation can be declared to be incompatible with these rights.
In effect it is not as clear as you think and even the sc said in its ruling that the ec is an independent body governed by law and so has its own rules and procedure the court can not interfere with.Even in a judicial review the decision will still be left with the ec.The sc can not change the law which set up the ec and its rules and procedures.
Kofi Ata, Cambridge, UK 8 years ago
Okonko Palm, I was one of the first to argue in 2012 soon as the NPP filed its election petition that the Supreme Court will not annul the votes of those who voted without going through biometric verification because doing so ... read full comment
Okonko Palm, I was one of the first to argue in 2012 soon as the NPP filed its election petition that the Supreme Court will not annul the votes of those who voted without going through biometric verification because doing so would have disenfranchised them for no fault of theirs.
I agree with you on the issue abdinicio effect in judicial matters and that is why when the Supreme Court ruled the use of NHIS cards unconstitutional it could not apply it retrospectively and declared such votes in 2012 unconstitutional. However, we are talking about election 2016. How could the names of those who used the HNIS cards remain on the Voters' Register when it has been ruled unconstitutional? To remove the names without a remedy of retoration would have been unconstitutional and that is why the Supreme Court ordered that such names should be be re-registered. In fact, the effect of Relief (2) and Orders (a) and (b) are such that, if implemented in tandem as ordered, it would appear as if the names were not removed or deleted. That is, the EC deletes the names of such voters and registers them using the new C I for the 2016 elections. I am not arguing for Ghanaians who used NHIS card to register to be disenfranchised. I will be the last to do so, especially since that will disproportionately affect the less fortunate in Ghanaian society.
I did not say that the judiciary cannot interfere with EC's rules and procedures because of its independence. That is misleading. I said, the EC is independent as far as it operates within the laws of Ghana. In other words, if the rules and procedures are in conflict with the laws of Ghana, the judiciary is the only institution that can interfere through judicial review. In fact, the rules and procedures of EC regarding the organisation and management of elections are subject to approval by the Legislature. That is why EC's Constitutional Instruments are laid in Parliament for a specified period before it matures. The purpose is for the legislature to examine the proposed CI to ensure that it complies with the laws of the country. The legislature could suggest amendments. In other words the EC's independence is subject to the laws of the land but this EC Chairman believes she is above the law.
There are others who argue that the EC cannot delete the names using the existing laws because that would involve someone petitioning against those who used the NHIS cards. The EC will then investigate and the persons will have to defend themselves at a hearing of the EC or at a magistrate court. That is palpably wrong because the Supreme Court rulings have truncated such processes. Therefore, the EC can delete the names using the processes I outlined in the article. As far as the processes do not conflict with the laws of the country that is constitutional. For example, the re-registration will be done under the CI that was used in the recent limited registration exercise. Those who do not have the relevant documentation as proof of citizenship can provide two registered voters to attest for them as being Ghanaian citizens.
Regarding the question of me taking personal issues with Charlotte Osei, I make no apology because she is the head of the EC and assumes ultimate responsibility for EC's actions and omissions. I worked in politics in Ghana in the 1980s and know how heads of public institutions act (though that was under military dictatorship). Often, the head of the organisation has absolute power and decides for the rest to follow. I believe that is what Mrs Osei is doing if one makes reference to her language and attitude. She decided to change the logo and the rest went ahead with her because she wants to stamp her authority on the institution. Moreover, that is how most leaders in developing countries, especially Africa operate.
BOY KOFI 8 years ago
The whole contention is about the credibility of the voters' register.When the SC ordered the EC to take steps immediately to "delete" or as is popularly known"clean the current register of voters to comply with provisions of ... read full comment
The whole contention is about the credibility of the voters' register.When the SC ordered the EC to take steps immediately to "delete" or as is popularly known"clean the current register of voters to comply with provisions of the 1992 Constitution,and applicable laws of Ghana.I don't see why educated lawyers and politicians don't seem to understand simple verbs like "delete or clean".These 2 words have different meanings.The EC has a legal team and can opt to clean the register by processes of law as ordered by SC.There's nothing irregular or illegal here.Thank you.
Okonko Palm 8 years ago
There is a divided opinion on exactly what the sc meant by those orders when it did not define how a Ghanaian voter can properly identify he or herself.The question is who is eligible to be registered.The ruling did not defin ... read full comment
There is a divided opinion on exactly what the sc meant by those orders when it did not define how a Ghanaian voter can properly identify he or herself.The question is who is eligible to be registered.The ruling did not define or mention documents that could prove Ghanaian citizenship or who is eligible to vote hence the ambiguity.
The ruling on the NHIS card was a specific question which the sc dealt with and so the same can be said of any document of identification if it should be subjected to same vigorous scrutiny.So the question is by the sc own test and logic,any document which will fail the test of scrutiny can not be a reliable document to establish eligibility to vote.That is wrong and far fetched which will open a can of legal battles.
The procedure to identify and delete names and the mode of doing same is is established in law and that is what the ec has determined to do to comply with its own rules and procedure to comply with the sc directives.
Once they are within the rules and regulation which established the ec the sc can not interfere with its operation unless they exceed those parameters and even that the mode of remedy must be within the scope of ec rules and procedure.
sampson 8 years ago
Kofi Atta will u read page 23 of the ruling which states that ``The legitimate of deleting these names is to follow established laws and procedure``
Kofi Atta will u read page 23 of the ruling which states that ``The legitimate of deleting these names is to follow established laws and procedure``
MARCUS AMPADU 8 years ago
Ur criticism of "this arrogant and disrespectful Electoral Commissioner", is not proven beyond reasonable doubt; the dadaba or mamaba characterization is a figment of ur own imagination, Mr. Kofi Ata. The name calling & the ... read full comment
Ur criticism of "this arrogant and disrespectful Electoral Commissioner", is not proven beyond reasonable doubt; the dadaba or mamaba characterization is a figment of ur own imagination, Mr. Kofi Ata. The name calling & the second guessing are unjustified.
The hostile terrain under which the EC is working is making her work very difficult indeed.
Joe 8 years ago
NPP should concentrate on coming out with strong campaign message that meets the needs and aspirations of this Country.
They should stop this fixation about someone group of persons who are out there to cheat them. I expec ... read full comment
NPP should concentrate on coming out with strong campaign message that meets the needs and aspirations of this Country.
They should stop this fixation about someone group of persons who are out there to cheat them. I expect them to tell us what they would do and not who would cheat them. Nana Addo goes around repeating the problems we know of and not the solutions.
Followers of the npp should be bothered about lack of campaign message and stop attacking the EC.
kutsi 8 years ago
NPP can send Charlotte Osei to the SC to be jailed for contempt. Mahama will appoint a new EC boss. After Mahama has won he grants amnesty on so on and so forth.
why is the NPP so afraid to lose the 2016 elections. Be it ... read full comment
NPP can send Charlotte Osei to the SC to be jailed for contempt. Mahama will appoint a new EC boss. After Mahama has won he grants amnesty on so on and so forth.
why is the NPP so afraid to lose the 2016 elections. Be it known to the ignorant NPP folks that Akufo Addo has already lost the elections ever since CONDENSED MILK oozed from his nose and his brain cells and skin couldn't feel the thick oily brownish yellow phlegms on his face made him a walking coffin.
Please spare GHANA another Presidential funeral an vote for Mahama. Ok
King Bright 8 years ago
Odwan kutsi what did Akufo Addo do to warrant your usual insults? May God return all your evil thoughts and curses on Nana unto you hundredth fold, for the man has done absolutely nothing against you.
Odwan kutsi what did Akufo Addo do to warrant your usual insults? May God return all your evil thoughts and curses on Nana unto you hundredth fold, for the man has done absolutely nothing against you.
OVER TO YOU GHANAIAN LAW PROFESSORS AND LAWYERS. THIS GUY IS NOT A LAWYER BUT UNDERSTANDS WHAT THE SUPREME COURT OF GHANA SAID
The EC is being mischievous because the ruling is as clear as daylight. This is contemptuous and the commissioners must be sanctioned by the court. The EC is clearly playing with fire.
Uncle Kofi Ata,you rather seem to be naive.I respect Charlotte a lot on her bold decision not to delete the names of NHIS Cards from the voters' register unilaterally.The SC ruled that EC should "delete or clean" the register ...
read full comment
On the issue of NHIS registered voters the SC is so clear that they should be deleted. On other issues like the dead on the register the SC says clean it. Now there are people who registered with NHIS but have other means of ...
read full comment
Now let's look at the ruling with objectivity.(a)That the EC takes steps immediately to "delete" or as is popularly known "clean" the current register of voters to comply with the provisions of the 1992 Constitution,and appli ...
read full comment
BOY-KOFI, the Supreme Court orders were emphatic and specific. It did not mention stakeholders but the EC. The EC was ordered to delete and must do so. However, nothing stops the EC from doing so with stakeholders if it so wi ...
read full comment
When you tell somebody to take immediate steps to delete or clean the current register of voters.To some extent,you have given the person 2 options.There is no obligation to delete but the register must be credible,that's the ...
read full comment
The SC ruling doesn't take retroactive effect! In other words it doesn't affect the 2012 elections! Simply stated, it says that it wasn't legal for the NHIS registered voters to elect our leaders and so going forward the EC m ...
read full comment
Mrs Osei doesn't mean well
I try to be optimistic Ghanaians in the Diaspora would be enlightened because of their respective new home countries but I have proven wrong. A lot of the articles from across the seas have been dangerously short on thought p ...
read full comment
Abeeku Mensah, your response is very disappointing. I have explained why in my view, the EC is wrong to say that it will not delete the names of those who used NHIS cards to register from the Voters' Register as ordered by th ...
read full comment
And reject entirely Abeeku Mensah's criticism of Kofi on this issue. Everything about what Kofi has said would be typically an enlightened position of a Westerner. Public bodies make mistakes intended or unintended but they d ...
read full comment
Dont be perturbed by idiots who only want things their way.
NPP MUST NOT ALLOW NDC & THEIR EC COLLABORATORS (HEADED BY MAAME ALATA HARLOT OSEI) TO SUCCEED IN THEIR PLOT TO RIG THE 2016 ELECTION FOR NDC. IF WAR COMES, SO BE IT. NPP MUST DRAW A HITLIST OF NDC & EC PEOPLE WHO WILL BE ELI ...
read full comment
I am a bit worried about how a person like you should throw objectivity to the dogs.In fact you came across as someone who has axe to grind with Charlotte Osei,the ec chairman.An objective analysis should have left out the p ...
read full comment
Okonko Palm, I was one of the first to argue in 2012 soon as the NPP filed its election petition that the Supreme Court will not annul the votes of those who voted without going through biometric verification because doing so ...
read full comment
The whole contention is about the credibility of the voters' register.When the SC ordered the EC to take steps immediately to "delete" or as is popularly known"clean the current register of voters to comply with provisions of ...
read full comment
There is a divided opinion on exactly what the sc meant by those orders when it did not define how a Ghanaian voter can properly identify he or herself.The question is who is eligible to be registered.The ruling did not defin ...
read full comment
Kofi Atta will u read page 23 of the ruling which states that ``The legitimate of deleting these names is to follow established laws and procedure``
Ur criticism of "this arrogant and disrespectful Electoral Commissioner", is not proven beyond reasonable doubt; the dadaba or mamaba characterization is a figment of ur own imagination, Mr. Kofi Ata. The name calling & the ...
read full comment
NPP should concentrate on coming out with strong campaign message that meets the needs and aspirations of this Country.
They should stop this fixation about someone group of persons who are out there to cheat them. I expec ...
read full comment
NPP can send Charlotte Osei to the SC to be jailed for contempt. Mahama will appoint a new EC boss. After Mahama has won he grants amnesty on so on and so forth.
why is the NPP so afraid to lose the 2016 elections. Be it ...
read full comment
Odwan kutsi what did Akufo Addo do to warrant your usual insults? May God return all your evil thoughts and curses on Nana unto you hundredth fold, for the man has done absolutely nothing against you.