Issues in Election Law and Policy

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Wiafe 10 years ago

The way forward is for the supreme court to recommend a taskforce that will study the errors and recommend reforms and supervise the implementation of reforms.

A re-run is out of the question--because the voter register is ...
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The way forward is for the supreme court to recommend a taskforce that will study the errors and recommend reforms and supervise the implementation of reforms.

A re-run is out of the question--because the voter register is flawed. The EC also needs some reforms--which cannot be made within weeks.

Computing votes is beyond the SC. The EC is compromised--so they can recount. Reforms will probably take at least 3 years to implement.

Election machinery is however very expensive--and if we can't get electricity for our fridges--how can we guarantee that technology will save the day?

Ghanaians have to be serious. Its not possible for almost every factet of society to be that corrupt and expect the EC to be the only saints in town.
kokorokoo-kor 10 years ago

A re-run is possible. the problem is not with the voters register but those in supervising role being either compromised or having an interest in a party over the other. If legal punitive measures are extended to the managers ...
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A re-run is possible. the problem is not with the voters register but those in supervising role being either compromised or having an interest in a party over the other. If legal punitive measures are extended to the managers of particular poling station that misconduct their elections, this could help a lot. To say that re-run is not possible, is to say that this crime is ok for the meantime.
Saka 10 years ago

Kokorokoo-kor, crime in this case is yet to be established.

Kokorokoo-kor, crime in this case is yet to be established.
Paul Amuna 10 years ago

So the pack of apples has some bad apples so you throw away the whole batch as we do in culling chickens with bird flu? Quite an interesting but simplistic solution in my view.

So the pack of apples has some bad apples so you throw away the whole batch as we do in culling chickens with bird flu? Quite an interesting but simplistic solution in my view.
Paul Amuna 10 years ago

Sounds reasonable and practicable solution(s).

Sounds reasonable and practicable solution(s).
MR. NO CERTIFICATE 10 years ago

THERE WE GO AGAIN. A WRITER BELIEVES THAT HIS OR HER ARTICLE BECOMES CONSUMMABLE WHEN HE OR SHE STATES A CHAIN OF DEGREES THAT MUST BE ATTACHED TO THEIR NAMES. THIS WRITER IS IN THE USA. DO AMERICAN SCHOLARS AND EXPERTS NOT O ...
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THERE WE GO AGAIN. A WRITER BELIEVES THAT HIS OR HER ARTICLE BECOMES CONSUMMABLE WHEN HE OR SHE STATES A CHAIN OF DEGREES THAT MUST BE ATTACHED TO THEIR NAMES. THIS WRITER IS IN THE USA. DO AMERICAN SCHOLARS AND EXPERTS NOT ONLY WRITE THEIR SIMPLE NAMES AND LEAVE THE READER TO MAKE HIS MIND FROM READING AN EXCELLENT TEXT. O GHANAIAN PROFESSORS, PHDS AND EXPERTS.
Kwame 10 years ago

excellent piece of work

excellent piece of work
Kofi Ata, Cambridge, UK 10 years ago

Mr No Certificate, what is wrong with the author indicating his background? He is not boasting but only an indication of where he is coming from so that readers can appreciate and engage him on positive rather than the dismis ...
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Mr No Certificate, what is wrong with the author indicating his background? He is not boasting but only an indication of where he is coming from so that readers can appreciate and engage him on positive rather than the dismissive and abusive language often displayed on the forum. Let's be constructive in our criticism and not put others down. It smacks of envy.

Prof, I enjoyed your academically and intellectually stimulating piece on the ongoing presidential petition hearing by the Supreme Court (SC). I expected to read either specific recommendation/s or position/s that the SC may take. Though I agree that it is very wise of you to refrain from postulating the outcome, I am also wondering which of the scenarios you outlined would be the most likely outcome.

For example, will I be right to infer from the following, "crafting remedies for defective elections may also be informed by the germane principle in democratic election protocol that a constitutional provision cannot be used to attain an unconstitutional result", that it would be unlikely or even wrong wrong for the SC to grant the relief being sought by the petitioners (declaring Nana Akufo Addo the winner), if the SC established as a matter of fact, that the 2013 presidential election was statutorily or constitutionally fraudulent?

Again you stated that, "where warranted, invalidation provides a more robust remedy to the extent that it returns the voters more nearly to the status quo in which a more constitutional election can be conducted. The derivative issues to consider include the time and costs associated with new elections. Additionally, the delay involved in preparing to conduct new elections may leave in office incumbents with unsettling legitimacy issues". Do these mean that the remedy of rerun is not a potential option to the SC? I say so because looking at Ghana's current budgetary challenges, especially, when the President said in his State of the Nation address to Parliament that, the meat is eaten to the bone. Again, the inability of government to raise enough funds to pay state employees such as doctors, teachers, etc?

Last but not the least, if the above remedy is not feasible and in the likely event of SC maintaining the status quo, will the Mahama presidency be experiencing permanent "unsettling legitimacy" throughout the 4 year term?

It will be interesting if you could kindly respond to my comment.

It will also be helpful if you are able to consider a future article on the constitutionality or otherwise regarding the famous or infamous "No Biometric Verification, No Vote (NBVNV) contained in the CI 75 relative to the right to vote enshrined in the 1992 Constitution.

Let's read more from you.
Paul Amuna 10 years ago

You don't have to agree with the writer. I also don't think that his current jurisdiction or credentials should have anything to do with it.

Perhaps he put his credentials to help establish his authority on the subject, s ...
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You don't have to agree with the writer. I also don't think that his current jurisdiction or credentials should have anything to do with it.

Perhaps he put his credentials to help establish his authority on the subject, something that many don't tend to do, but nonetheless should not be a basis for your criticism. What is your own take on his analysis?
Prince 10 years ago

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.
Paul Amuna 10 years ago

Why are you only interested in his credentials and not the content of his article?

Why are you only interested in his credentials and not the content of his article?
Prince 10 years ago

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.
Prince 10 years ago

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.
Prince 10 years ago

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.

Do these empty qualifications make this piece better and serious at all? Do you want to make yourself
known?? A jewel will always shine.Gold
will attract even people from afar.
Yeabr3 _Mo 10 years ago

'Treatise' deliberately time to influence the judges into entertaining a petition that one of NPP`s own member, Wereko Brobbey, has described as "illogical nonsense".
If "The purpose of election laws is to capture the corre ...
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'Treatise' deliberately time to influence the judges into entertaining a petition that one of NPP`s own member, Wereko Brobbey, has described as "illogical nonsense".
If "The purpose of election laws is to capture the correct expression of the voters’ will",then what better 'test' exists that what we all witnessed taking place on December 7 & 8 respectively. Do we really need to engage in "a[further] recreation of reality" when agents or representatives of all parties or contestants present at all venues attest to the validity and outcome of the results? This write -up is nothing more than to give an endorsement of sorts to this 'crazy' idea of challenging the declaration of the results by a supervising entity,in this case the EC,simply because we lost an election! What we have been treated to thus far by the petitioners(NPP) is nothing more than a 'circus' with the hope that nine Justices,some of whom wear political party clothing underneath their legal robes,will overturn the clear choice of the electorate.
COSTELLO 10 years ago

I AGREE WITH YOU.

I AGREE WITH YOU.
Okonko Palm 10 years ago

You said and I quote"The purpose of election laws is to capture the correct expression of the voters’ will. Doing justice to this value is a preoccupation in election litigation and trials. In terms of trial advocacy, trial ...
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You said and I quote"The purpose of election laws is to capture the correct expression of the voters’ will. Doing justice to this value is a preoccupation in election litigation and trials. In terms of trial advocacy, trials are a recreation of reality"In effect the criteria for for giving expression to this reality is to revisit the electoral process to see whether it was free fair and transparent.Errors as genuine mistakes will therefore not form a basis for annulment or even as grounds for reran.

So far the petitioners have not been able to adduce concrete evidence of electoral fraud or malpractice in a scale that will give rise to the remedy they are seeking.In fact what comes across is a party that is, in a mischievous way trying to make things difficult for this government for fairly winning the elections.The theoretical notions for invalidating election results have so far not been made.In their attempts to make the errors not to look random,they limited their search only on areas where the respondents won and left the areas where they won.This singular sign of bad faith tells the story of this election that it is frivolous,vexatious and lack merit.If anything at all,it has succeed in causing unease in the country which is affecting governance and stifling the investment climate.

Of course one can not finish this comment without looking at the effects and the lessons to learn. There is the need in the future for a filtration process through a quasi judicial board to determine prima facie whether a petition is worth the inconvenience to the body politic and governance of the country and meet the criteria worth the inconvenience otherwise it may become a tit and tat response to all elections at the expense of the nation.
Paul Amuna 10 years ago

Okonko,yours is a sound and deductive argument and I rather hope that Kwesi would take the trouble to respond to all our comments on his article. Failure to do so will be in my opinion unfortunate.

Okonko,yours is a sound and deductive argument and I rather hope that Kwesi would take the trouble to respond to all our comments on his article. Failure to do so will be in my opinion unfortunate.
Paul Amuna 10 years ago

Kwesi, Thanks very much for your eloquent exposition on electoral case law. As a 'lap person' with an interest in the law and electoral processes, and especially one who wishes to see our Ghanaian system improve, I have a sim ...
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Kwesi, Thanks very much for your eloquent exposition on electoral case law. As a 'lap person' with an interest in the law and electoral processes, and especially one who wishes to see our Ghanaian system improve, I have a simple question and wonder if you can enlighten us a bit more from your perspective, being such a legal luminary.

You said: "Sometimes, the legal remedy in election law cases may also involve adjusting the vote totals. That project requires standards for determining what constitutes a legal ballot".

Here is my question - how does this particular notion refelct the constitutionality of adjustment if it translates into annulling the votes of over 4 million actual persons who (by constitutional right and provisions) actually voted in person, and had no part to play in any unintentional (or intentional) errors attributable to electoral officers?

I believe many would benefit from your wisdom and take on this although I will not fault you if you did not feel able to address the issue directly and specifically.
Ama 10 years ago

very educative information and alternative outcomes in the election petition without bias from the writer

very educative information and alternative outcomes in the election petition without bias from the writer
BOY KOFI 10 years ago

I am not against every electoral petition but I am definately against a stupid petition.In my opinion,the errors that have been detected so far cannot affect the declared results.Politicians must demonstrate good capacity of ...
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I am not against every electoral petition but I am definately against a stupid petition.In my opinion,the errors that have been detected so far cannot affect the declared results.Politicians must demonstrate good capacity of judgement.The petitioners have also presented faulty materials like the CD-ROM and unwanted pink sheets in court all amounting to serious mistakes.Besides,there has been a lot of blatant lies given by the star witness,Bawumia.The ongoing petition was not founded on facts,that's why I see it as the most stupid petition.Thank you.

Issues in Election Law and Policy

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