[2016]DLSC2836May 5, 2016Supreme Court

ABU RAMADAN AND EVANS NIMAKO vs. THE ELECTORAL COMMISSION AND THE ATTORNEY GENERAL

Plaintiffs challenged the accuracy and credibility of the current voter register compiled by the Electoral Commission, alleging it contained names of unqualified persons, including those registered using National Health Insurance Cards (previously declared unconstitutional for voter registration), minors, and deceased persons. They sought declarations that the register was unconstitutional and orders compelling the Electoral Commission to compile a fresh register or audit and validate the existing one before upcoming elections.

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GBADEGBE JSC: On or about February 25, 2016 the plaintiffs issued a writ before us seeking the following reliefs: 1. “A declaration that upon a true and proper interpretation of article 45(a) of the constitution of the Republic of Ghana, 1992 (hereinafter, the “constitution”), the mandate of the Electoral Commission of Ghana to compile the register of voters implies a duty to compile a reasonably accurate and credible register 2. A declaration that the current register of voters which contains the names of persons who have not established qualification to be registered is not reasonably accurate or credible and therefore inconsistent with article 45(a) of the constitution thereby making same unconstitutional, null and void of no effect. 3. A declaration that the current register of voters which contains the names of persons who are deceased is not reasonably accurate or credible and is therefore inconsistent with article 45(a) of the constitution thereby making same un...