Ghanas 2012 election petition and its outcome longdom. I argue that, at least in the case of ghana, the success of an electoral process is largely a function of the human factor, not necessarily the legal frameworks and regulations in force. A to z of election petition ghana homepage, resource for. Supreme court sets april 16 for sitting on election.
An election petition is quite unlike any of the initiating proceedings in the high court. The electoral commission of ghana and the administration of the 2012 elections j shola omotola. Ghanas supreme court upholds election result africa dw. The 2012 election petition hearing at the ghana supreme court today heard the final addresses of the counsels ahead the judgement. Tension is rising in ghana in the runup to a supreme court ruling on an opposition petition challenging last decembers presidential election results. Civil society and the consolidation of democracy in ghanas. 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 to. Election 2012 supreme court petition verdict ghana. The 2006 election petition was different in some respects from the 2001 petition. Election 2012 related news four years today, supreme court ruled on election petition case exactly four years ago august 29, 20, ghana experienced a landmark ruling in an eight month. There were four and three consistent judges who voted against and for the. Pdf social media and ghanas 2012 election petitiona discussion. Latest election results ghana general election 2016. The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid.
Aug 29, 20 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. State clearly the facts of the election petition and the ground or grounds on which the petition is based, and the relief sought by the petitioner. Prior to his final decision on constituting a commonwealth observer group, the secretarygeneral initially sent an assessment mission to ghana to assess the prevailing situation as well as the preelectoral environment. The npp produced more than 11,000 socalled pink sheets to the judges who had to compare them to similar papers from the ec, ndc and possibly other parties.
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. The petition was filed at the supreme court of kenya on 16 march 20. Supreme court erred on election petition npp chairman sep 1, 2014 comment you cannot get from the courts what you didn t get from the people prez. Democratic ruptures and electoral outcomes in africa. It may take a while to grasp the full impact of the 2012 petition on ghanas political landscape and even why the npp defied the odds to win the 2016 election. Read justice atugubas judgement on the election petition. In a 588paged judgement, the court by a 54 majority decision justified why president mahama was validly elected. The supreme court has today given its detailed reasons for their ruling in the uganda presidential election petition no 1 of 2016 and identified 10 key reforms that it wants the attorney general to implement ahead of the next elections. The supreme court presidential election petition rules. The ghana supreme court settles on mahamas presidency. During ghanas 2012 election petition process at the nations supreme court, the hearing lasted close to eight months and in less than one month a ruling was given. Ghanas supreme court has produced such rulings, compelling the countrys.
The supreme court has released the full judgement on the 2012 presidential election petition, four days after leaving the public in suspense. An election petition is a procedure for inquiring into the validity of the election results of parliamentary or local government elections. Ghana is a stable country, with an apolitical military, a solid record on human rights, and a lively, free media. Other than the usual seriousness attached to political activities in africa, ghanas 2012 election. Even though the time period between the last day of hearing and the day of judgment in the election petition august 29, 20 was seen by many people of the legal. In other words, it is a means under law to challenge the election of a. Ghanas supreme court on tuesday began hearing of the substantive petition which is challenging the validity of the election of john dramani mahama as president of ghana. Mr jake obetsebilamptey petitioners, filed a petition under article 64 of the 1992 constitution. Section 7 of the act makes provisions as to who may present an election petition. Click here for full supreme court ruling on election petition. We therefore dealt mainly with the first three grounds of the petition. Faq on election petition what is an election petition. In other words, it is a means under law to challenge the election of a candidate in a parliamentary, assembly or local election.
Ghanas 2012 presidential election petition and its aftermath can be. Section 5 of the presidential election act, 1992 african elections. Akufoaddo and others v mahama and another ruling j831. 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. 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. Mahama was the validly elected president of ghana and winner of the 2012 presidential elections. Ghanas supreme court upholds election result africa. Apr 17, 20 ghana s supreme court on tuesday began hearing of the substantive petition which is challenging the validity of the election of john dramani mahama as president of ghana. Sep 10, 20 the validity of the election of the president may be challenged only by a citizen of ghana who may present a petition for the purpose to the supreme court within twentyone days after the. It is not a writ, or originating summons, nor is it in any way close to say a petition in bankruptcy or a petition for divorce which respectively have their own rules of procedure.
Nonetheless, the interconnections between the petition and the victory are too important to ignore. In a farreaching decision in amuzu v oklikah, the supreme court has. Reasons why presidential election was declared invalid, court gives full verdict mercy asamba 20th sep 2017 11. Request pdf ghanas 2012 election petition and its outcome. Pdf electoral rulings and public trust in african courts. Ghana is a constitutional republic dominated by a strong presidency. Aug 07, 20 the 2012 election petition hearing at the ghana supreme court today heard the final addresses of the counsels ahead the judgement. 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. 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. We also wanted we also wanted to choose cases w here the resp ondents party was the government part y pf.
A threat to democracy in ghana the 275 members of parliament are elected to singlemember constituencies using firstpastthepost voting. Social media influenced ghanas 2012 election petition hearings. Presidential election petition 1 of 2017 kenya law. Section 5 of the presidential election act, 1992 pndcl 285. The validity of the election of the president may be challenged only by a citizen of ghana who may present a petition for the purpose to the supreme court within twentyone days after the. Election 2012 supreme court petition verdict ghana information. 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. After the founding of a republic in 1960, the state became identified with a single political party the cpp, with nkrumah, as life president of both, taking ever more power for himself.
Section 5 of the presidential election act, 1992 pndcl 285 and rule 68 and 68 a of the supreme court amendment rules 2012, ci 74, challenging the election of. Social media and ghanas 2012 election petitiona discussion. The assessment mission was in the country in september 2012. In preparation for the 2011 election season, some changes have been made to nigerias election petition system. Meanwhile, the country has witnessed a mixture of emotions and events especially since the supreme courts final ruling on the petition over the results of the 2012 presidential election. Presidential election petition calls for solomonic wisdom in ruling. 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. 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.
As expected of any social phenomenon, social media threads had some influences on the 2012 election petition hearings, primary of which was the creation of an informed and educated public 2. The creation of an informed public also had rippling effects on the general. Civil society and the consolidation of democracy in ghana. How the supreme court judges ruled in the election petition. Presidential election petition calls for solomonic wisdom. Detailed judgment in the uganda presidential election petition. Supreme court delivers final verdict on election petition. Supreme court to deliver final ruling on election petition. News ghana is ghana s leading online news portal for business in west africa and around the world. Ghanas supreme court begins hearing of election petition. Nkrumah saw independent ghana as a spearhead for the liberation of the rest of africa from colonial rule and the establishment of a socialist african unity under his leadership. News ghana is ghanas leading online news portal for business in west africa and around the world. The question thus remains as to what csos did in bringing ghana thus far the fact that democracy seems to be the only game in townbehaviorally, attitudinally, and constitutionally. 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.
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