An injunction brought by the National Democratic Congress (NDC) and four other political parties was denied by Ghana's Supreme Court. The order was intended to stop the limited voter registration drive being conducted by the Electoral Commission (EC). The application was dismissed by the five-member panel, which was presided over by Chief Justice Gertrude Sackey Torkornoo, because neither the applicants nor their attorneys were present in court.
During the court session, neither the NDC nor any of the political parties involved had a lawyer or representative present. However, the Deputy Chairperson of the EC, Bossman Eric Asare, and the EC's lawyer, Justine Amenuvor, were in attendance.
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Chief Justice Torkornoo, along with the other justices on the apex court, namely Paul Baffoe-Bonnie, Henrietta Mensa-Bonsu, Barbara Ackah Yensu, and Ernest Yao Gaewu, made the unanimous decision to dismiss the application.
Background and Criticisms:
The EC had decided to conduct the limited voter registration exercise exclusively at its district offices. This decision prompted the NDC and the four other political parties, namely the Convention People's Party (CPP), the All-Progressive Congress (APC), the Liberal Party Ghana (LPG), and the Great Consolidated Popular Party (GCPP), to take legal action. They argued that the EC's move was unconstitutional and would hinder people's right to register and vote. The suit, filed on September 7, 2023, also included an injunction seeking to halt the registration exercise until the court made a determination.
Despite the pending application, the EC commenced the registration exercise on September 12 and concluded it on October 2, 2023. This timing led to criticism from notable figures, including former President John Dramani Mahama, who expressed disappointment in the Supreme Court's failure to hear the injunction while the registration process was ongoing. Mahama viewed this as a setback for justice delivery and raised concerns about public confidence in the judicial system.
Legal Vacation and Explanation by the Chief Justice:
During the hearing, Chief Justice Torkornoo clarified that the Supreme Court and the Court of Appeal do not convene sessions during the legal vacation period, which usually falls in August and September. While the High Court has limited provisions for hearing cases during this period, no such dispensation exists for the Supreme Court and the Court of Appeal.
The Chief Justice further explained that the court had made a special effort to address the application by the five political parties at the earliest possible date, given that it was the first Supreme Court sitting in the new legal year. She emphasized the constitutional limitations imposed by the legal vacation, stating that the Supreme Court could only handle urgent matters through extreme special fiat.
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Next Steps:
The substantive suit filed by the NDC and the other political parties invokes the original jurisdiction of the Supreme Court. They argue that the limited voter registration exercise, confined to the EC's district offices, does not adequately accommodate all Ghanaians who wish to exercise their constitutional right to be registered as voters.
As the legal proceedings continue, it remains to be seen how the court will address the merits of the suit and its potential implications for voter registration procedures in Ghana.
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