AFRICAN REFORM MOVEMENT vs. THE ELECTORAL COMMISSION

The appellant, African Reform Movement, applied to the Electoral Commission to be registered as a political party under article 55(1) of the 1992 Constitution and sections 8 and 9 of the Political Parties Act, 2000 (Act 574). It was issued a provisional certificate, but the Electoral Commission refused to issue a final certificate on the ground that the appellant had not complied with sections 8(3) and 9(c) of Act 574, particularly the requirement that a party must have branches in all the regions and be organised in not less than two-thirds of the districts in each region. The appellant contended that section 9(c) did not require physical offices or physical presence before final registration and that such a requirement arose only after final registration under section 15(1) of Act 574. The Electoral Commission maintained that section 9(c) required verifiable physical presence in the regions and districts before final registration. Portion of judgment: “Sometime in January 2016, the appellant applied to the respondent pursuant to article 55(1) of the 1992 Constitution of Ghana and section 8(1) of the Political Parties Act 2000 Act 574 to be registered as a political party... The respondent upon reviewing documents presented to it by the appellant refused to register it for noncompliance with section 8(3) and 9(c) of the Political Parties Act...”