Publishedbytheelectoralcommissionofghana, withsupportofthefriedrichebertstiftung,accra november,2005 reprinted. Supreme court postpones presidential election petition. In 000, there was a peaceful alternation of power from the ruling national demo. The viewscontents expressed in this article are the sole responsibility of the authors and do not neccessarily reflect those of modern ghana. Malawians await ruling on presidential election petition. Presidential elections law 1992 pndcl 285 section 1 qualification for election as president. Ghanas supreme court begins hearing of election petition. It also confirmed thursday, august 29, as the date to. General elections in the country are highly competitive and tightly. The police must probe, prosecute and make sure that the lebanese who assaulted the workers faces the full rigors of the law. Supreme court judgment on the presidential election. Election 2012 supreme court petition verdict ghana information.
Final address by counsel for 3rd respondent tsatsu tsikata. The constitution mainly establishes election tribunals and allocates those tribunals and courts jurisdiction to adjudicate election deputes, whereas the electoral act outlines detailed rules governing the process. Innovations in electoral politics in ghanas fourth republic. An election petition refers to the procedure for challenging the result of a parliamentary election. Election petition latest nigerian supreme court cases. Click here for full supreme court ruling on election petition. The foundation of this newfound status quo began during hearing of the petition, when the party joined the ec to defend mahamas victory. Pdf the state of electoral reforms in ghana researchgate.
The supreme court is making rulings on contentious issues ahead of the hearing of a petition challenging the reelection of president uhuru kenyatta in the august 8, election. Electoral commission and talonsya sinani, election petition appeal no. The decision of the electoral petition on 29 august 20 changed the trajectory of election campaigns in ghana. The ruling however quelled the tensions in ghana at the time. Even though the supreme court ruled in favour of the declared winner, it made several. Kenya supreme court ruling 2017 kenyan presidential election petition 1. Supreme court upholds uhuru kenyattas win, demerits petitions. Presidential election petition calls for solomonic wisdom. Ghana election petition ruling, august 29 the supreme court yesterday quizzed the litigants in the ongoing 2012 presidential election petition to seek clarification on aspects of their voluminous legal addresses. The 9member panel of supreme court of ghana, who sat on the justended presidential election petition of 28th december 2012, has by unanimous decision ruled that the incumbent president john dramani mahama of the ruling national democratic congress ndc, was validly elected and declared president of the republic of ghana in the presidential poll of 7th and 8th december 2012. Democratic ruptures and electoral outcomes in africa.
Read justice atugubas judgement on the election petition. The petition was filed at the supreme court of kenya on 16 march 20 the report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary duty on the supreme court of kenya in relation to. Ghanas 2012 election petition and its outcome longdom. National court election petition rules for presentation and conduct of election petitions 2002 as amended pursuant to section 184 of the constitution and section 2122 of the organic law on national and locallevel government elections and all other powers there unto enabling the. Following the supreme court ruling on the election petition against the 2012 elections, a series of reforms was adopted which further improved the regulatory framework. The object of these rules is to facilitate the just, expeditious and impartial determination of election petition appeals in exercise of the courts appellate jurisdiction under article 164 3 of the constitution. Apr 17, 20 ghana s supreme court begins hearing of election petition. Ghana election petition and rules of constitutional construction following the. Today, its no doubt that election petition forms an intrinsic nature of our democratic setting as dispute and dissatisfaction are bound to arise from the conduct of election and as such dispute has to be resolved and determined by a competent judicial bodies in order to maintain the interest law and order in the country. Faq on election petition what is an election petition. Ghanas supreme court upholds election result africa.
Supreme court releases full judgment on 2012 presidential election petition. It is the story of the massive legal challenge that was mounted to an. Jurisdiction competency of court a preliminary objection to the hearing of an election petition appeal may be raised on the ground that this court has no jurisdiction to hear the appeal or that time within which to hear a matter had since run out per rhodesvivour jsc. Whether the 2017 presidential election was conducted in accordance with the principles laid down. I therefore call on you to boycott marwako and sign this petition to be presented to the government of ghana for the following. When a petition is lodged against an election return, there are 4 possible outcomes. European union election observation mission ghana, presidential and parliamentary elections, 2016. Ghanas supreme court upholds election result africa dw.
Regulation 69 c 4 of the supreme court amendment rules, 2012, ci 74 indicates that judgement should be delivered in a presidential election petition 15 days after the close of the case. Supreme court to deliver final ruling on election petition. Reproduction is authorised provided the authors permission is granted. Supreme court sets april 16 for sitting on election. This further eats into the time within which the court has to deliver a ruling that will be agreeable to both sides.
In preparation for the 2011 election season, some changes have been made to nigerias election petition system. The court had to adjourn its hearing of the matter to wednesday following the inability of the ec to file although the deadline for doing so was. Peoples national convention pnc ghana general election. Election petition has been 8 months of legal education karbo 31. Presidential election petition calls for solomonic wisdom in ruling. Mutharika and the electoral commission acknowledges some irregularities but.
The supreme court has dismissed the petition which challenged the validity of the elections in which president john mahama was declared as president of ghana. Pdf social media and ghanas 2012 election petitiona discussion. Ghanas 2012 presidential election petition and its aftermath can be. The kenyan supreme court released the full judgment pdf following the justices unanimous dismissal of raila odingas petition challenging the election of president uhuru kenyatta. Following the supreme court ruling on the election petition against. Section 5 of the presidential election act, 1992 pndcl 285. The 2012 election petition hearing at the ghana supreme court today heard the final addresses of the counsels ahead the judgement. The ruling on the presidential election petition applications filed by the national super alliance, president uhuru kenyatta and the independent electoral and boundaries commission at the supreme court has been postponed. Final address by counsel for 1st respondent tony lithur. Kethi kilonzo the responsibility of iebc to deliver a credible and acceptable election is so grave and so awesome that it. Most legal scholars recognize several methods of judicial decision making. National court election petition rules 2002 as amended. In other words, it is a means under law to challenge the election of a candidate in a parliamentary, assembly or local election.
Aug 27, 2017 the supreme court is making rulings on contentious issues ahead of the hearing of a petition challenging the re election of president uhuru kenyatta in the august 8, election. Notice is hereby given that application has been made to the supreme court of uganda for leave to withdraw the petition presented by a. How the supreme court judges ruled in the election petition. Aug 14, 20 regulation 69 c 4 of the supreme court amendment rules, 2012, ci 74 indicates that judgement should be delivered in a presidential election petition 15 days after the close of the case. Electoral commission and ogolla jack, election petition no. The electoral commission ec has complied with the supreme courts order and filed its affidavit in the presidential election petition challenging the legitimacy of president john dramani mahama. An election petition is a procedure for inquiring into the validity of the election results of parliamentary or local government elections. The supreme courts ruling on election petition must be. The national democratic congress ndc applied to join the petition on december 31, 2012 and was duly granted permission by a 63 majority decision of the supreme court on january 22, 20. Mr francis egyaku donkoh, central regional youth organiser of the new patriotic party npp, has called on the youth to remain calm while they await the the supreme court ruling on the 2012. On the contrary, the ndc left the 2012 election petition with a sense of vindication, which consigned them to the unenviable position of advocatesinchief for the ec.
Download the court of appeal election petition rules, 2017 l. The petition was filed at the supreme court of kenya on 16 march 20. Tension is rising in ghana in the runup to a supreme court ruling on an opposition petition challenging last decembers presidential election. This judgment, therefore, may be viewed as a baseline for the supreme courts perception of matters political, as these interplay with the progressive terms. Election 2012 supreme court petition verdict ghana. The ghana supreme court settles on mahamas presidency. National court election petition rules for presentation and conduct of election petitions 2002 as amended pursuant to section 184 of the constitution and section 2122 of the organic law on national and locallevel government elections and all other powers there unto enabling the following rules of court for regulating and prescribing the practice and procedure of the national.
The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid. Peoples national convention pnc mahama should build nation through allinclusive govt ayariga source. Election petition premiers at aicc this wednesday watch. The result is quashed and a writ is issued for a new election. European union election observation mission preliminary. Gubernatorial and legislative elections nullified by election petition tribunals.
Sep 02, 2017 kenya supreme court ruling 2017 kenyan presidential election petition 1. Read full judgment on election petition case ghanaweb. Even though the supreme court ruled in favour of the declared winner, it. It is an exercise of a choice, the act of choosing from several possible rights or. The supreme court may fix judgement day on the election petition which has been pending since december 2012 for either the 29th of august, or the 4th of sept. Nana addo dankwa akufoaddo, the main opposition new patriotic partys npp 2012 presidential candidate, his running mate, dr mahamudu bawumia, and the party. Pdf the challenges of adjudicating presidential election. Read justice atugubas judgement on the election petition by nana kwesi coomson on september 4, 20. Presidential elections law ghanalegal legal portal for. Okello equally relied upon the observations of this court, per yorokamu bamwine j. Presidential and parliament election dates are determined by the ecg and published in constitutional instruments which also set the times of votingpresidential and parliament elections every 4 years are synchronous. Pdf following ghanas december 2012 elections, there was a protracted election petition.
Ghanas electoral successes have made it a paragon of good governan. Supreme court ruled on election petition case four years today prev. The supreme court in ghana on april 16th began hearing a petition filed by the members of the main opposition new patriotic party npp, challenging the election victory of president john mahama in december 2012. Apr 17, 20 the electoral commission ec has complied with the supreme courts order and filed its affidavit in the presidential election petition challenging the legitimacy of president john dramani mahama. Supreme court judgment on the presidential election petition 20. The supreme court of ghana hearing the election petition brought by three leading members of the new patriotic party npp, has set 16th april 20 to begin sitting. Overall however, ghanas strongly contested elections delivered to the. Rickey tarfa, san,1 introduction prior to the colonial era, the different political units which subsequently made up nigeria had various unique and different ways of appointing their leaders. Election petition, is a documentary thriller based on the true political story from the leading democracy in africa, ghana. Supreme court ruled on election petition case four. Presidential election petition calls for solomonic wisdom in. Ghanas supreme court has produced such rulings, compelling the countrys.
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