GRi in Court Ghana 04-12-2000

 

December 7 vote - Supreme Court holds the key

 

 

December 7 vote - Supreme Court holds the key

Accra Greater Accra 04 December 2000

 

The Supreme Court will on Monday hear a suit filed by a voter challenging the decision of the Electoral Commission (EC) that only photo ID cards would be used in next Thursday's presidential and parliamentary elections.

Mr Philip Kwaku Apaloo of Kaneshie in Accra said in his suit filed last Wednesday that the EC's decision is inconsistent with Article 42 of the constitution.

Mr Apaloo is seeking a relief that not until the case is determined, the elections should not be conducted.

The suit throws into doubt the holding of the elections on December 7 if the Supreme Court is unable to complete the hearing and rule before that date.

There could be a constitutional crisis as December 7 itself was chosen after legal arguments giving requirements of the documents.

Already, the Special Voting scheduled for Monday, December 4, for staff of security institutions, the Electoral Commission and journalists among essential staff that would be on duty on December 7, has been postponed at least for 24 hours.

The Electoral Commissioner, Dr. Kwadwo Afari-Gyan, said that vote will now take place. But it clearly will depend on the Supreme Court granting his application to have that vote carried out.

Article 42 states: "Every citizen of 18 years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda."

The suit is the culmination of wrangling over whether thumbprint voter ID cards could be used in the election after the EC's national exercise to replace all such cards with photo IDs.

The EC has said repeatedly that the voters' register of some 10.7 million is bloated by some 1.5 million, given figures provided by the Ghana Statistical Service after the national census last March.

The EC's revised voters' register shows that the names of only 133,373 people have been removed from it while several thousands were added when the register was reopened for those who have now attained voting age or who had not registered to do so.

The EC feels very strongly that voters who have lost their ID cards or changed residence registered again thus swelling the register.

The figures show that the voters' roll has come down to 10,706,037 from 10,839,410 after some names were removed from the list.

This, however, is still unacceptable as it means that 58.14 per cent of the population of 18.41 million are 18 years and above.

Much as the photo ID cards exercise has helped weed out ghost voters and those who have died, some genuine holders of thumbprint cards have not had the opportunity to have the new cards.

Such voters or their opinion leaders cite technical and human problems such as faulty cameras, shortage of materials and alleged reluctance or refusal of EC staff to go to certain areas as causes.

The EC has extended its mopping-up exercise until the close of Sunday for genuine voters with the thumbprint cards to change them.

However, the argument persists that poor rural people who are those who have the thumbprint cards, cannot travel to the district centres.

Dr. Afari-Gyan, in a statement last Monday in Accra, said only a voter's photo ID card will be accepted during the presidential and parliamentary elections.

However, he said, a prospective voter without a photo ID card will be required to go through a procedure prescribed by the EC to establish his/her identification before being allowed to vote. A holder of a thumb-printed card will, therefore, be treated as someone without a voter's ID card.

The procedure to follow for those without a voter's ID card is spelled out in Chapter 3 of "Guide to Election Officials 2000", the EC's document on voting procedures, as follows:

a. Check the name of the person in the Name Reference List.

b. If the name is not on the list, the person must be politely told to go away

from the polling station.

c. If the name is on the List and all the candidates/party agents affirm that

they know the person, allow the person to go through the voting process straight

away. Otherwise, ascertain the person's identity by proceeding as follows:

d. Pick out the original registration form of the person using his/her Voter ID

Number on the Name Reference List.

e. Ask the person to give you and the agents the following information, which should be on the registration form:

Father's name

Mother's name

Hometown

Age

f. If the information given by the person is correct in all particulars and the candidate/party agents are satisfied that the person's identity is not in doubt, then allow him/her to go through the voting process.

g. Compile a list of all persons who vote without ID cards

However, the New Patriotic Party (NPP) says that people without photo ID cards should not be allowed to vote.

Indeed, it has issued out instructions to its agents not to allow people with thumbprint ID cards to vote.

In the event of voters with such cards being denied their votes, even if one pooling agent objects, there is the fear of confusion engulfing the poling stations.

The Inspector General of Police, Mr Peter Nanfuri, has said the police fear that this is the most potentially explosive issue that could cause violence and asked the EC to clarify it.

His clarification has not cleared the air, hence the court case.

The landmark case would settle the issue once and for all so that Ghanaians would have a peaceful election.

GRi…/