For speedy adjudication of parliamentary election petitions
The judiciary has recommended reducing the time limit for submitting parliamentary election petitions to seven days to expedite case adjudication.
The proposal suggests filing the petition seven days after election results are declared, rather than after publication in the gazette. It also calls for the repeal or amendment of C.I 47, the Civil Procedure law regulating such matters, to ensure cases are heard within a month.
The aim is to ensure timely adjudication of parliamentary election issues before Members of Parliament are sworn in and to facilitate the President’s appointment of ministers from parliament.
This proposal was presented by Justice Paul Baffoe Bonnie, a Supreme Court Justice, and Chairman of the Election Management Committee, during a stakeholder engagement in Accra.
Participants at the meeting included political parties, civil society organizations, Electoral Commission officers, and legal practitioners.
It sought to examine how parliamentary election petitions, which flood the courts following each general election, can be resolved promptly so that Members of Parliament (MPs) can carry out their obligations after being sworn in.
Justice Bonnie highlighted statutory and procedural factors causing delays in petition processing.
He indicated that section 18 of the Representation of the People Law, 1992 (PNDCL 284) required that an election petition be presented within 21 days of publication in the gazette.
Justice pointed out that since 1992, election results have been declared within 72 hours, and in the case of parliamentary elections, they are usually announced a few minutes after the voting process or within 48 hours.
He said that if the results are available in 72 hours, the law should be amended to allow a person to commence action seven days after the results are declared.
In addition, Justice Bonney stated that the second part of Section 18, which states that a person can initiate a petition 21 days after publication in the gazette, should be amended.
He stated that after thorough evaluation, the Judiciary determined that election results take longer to be published in the Gazette, which further delays the hearing.
He suggested amending this Law to allow action seven days after election results are declared, regardless of gazette publication. Additionally, he proposed amending or repealing C.I 47 to expedite parliamentary election trials.
Justice Bonney stated that it would be in the best interests of all parties to examine those amendments because they would help both constituents and the President, who would need to elect some ministers from parliament.
Another proposal is for the Chief Justice Gertrude Sackey Torkornoo to expedite the ‘E-Justice’ initiative so that electoral cases can be resolved quickly.
In the interim, it is proposed that parties to a suit be served using digital means such as email, express mail services (EMS), and WhatsApp, as not all courts have been digitized.
According to the Committee, most Ghanaians use ‘WhatsApp’, therefore, it would be easy to serve people through that platform. According to Justice Bonney, avoidance of services is one of the factors that causes delays in the timely adjudication of parliamentary election petitions.
He said the existing law required the court to personally serve the person (respondent) against whom an action has been filed.
And, unless a respondent is physically served, he may argue that he is unaware of any judicial action against him.
Justice Bonney said some respondents, especially politicians, evade services, which delayed the adjudication process. Therefore, the courts should be allowed to serve respondents through electronic means to expedite the process.
He urged the EC to ensure that the data it collects from parliamentary candidates includes electronic addresses and contact information so that the courts can use it.
Dr. Ernest Adu-Gyamfi expressed gratitude to the Judiciary for their efforts and urged stakeholders to consider the proposals for future elections
