Crack down on baseless election cases - Afari Gyan tells EC

Kumasi, Ghana - September 10, 2024 - Dr. Kwadwo Afari-Gyan, former Chairperson of the Electoral Commission, has called on the judiciary to take a strong stance against individuals who file baseless election petitions.

 Addressing the Ghana Bar Association Conference in Kumasi, Dr. Afari-Gyan emphasized the need for the courts to identify and dismiss frivolous cases, introducing punitive measures to deter such actions.

The former EC chair described some election petitions as "improbable" and urged the courts to determine which cases have no chance of success.

He warned that baseless petitions can damage the reputations of the courts and the Electoral Commission.

“I sincerely think that the courts and Electoral Commission must be spared in an improbable election petition. Not only do they needlessly waste time but they can also cause undeserved injury to the reputation of a judge or EC, in the minds of supporters of some party candidates irrespective of the verdict.

“Because of this ability to cause undeserved damage,  I am suggesting that instead of regarding every election petition a public interest litigation, improbable petitions should attract punitive sanctions,” he said.

Dr. Afari-Gyan also cautioned political parties participating in the December 7 elections to exercise caution when handling "pink sheets" during and after the polls.

He highlighted the critical role pink sheets play in the electoral process and urged parties to carefully examine them before considering legal actions against the Electoral Commission after the results are declared.

“The pink sheets are the most important document for reconstructing election results. We say elections are won or lost at the polling stations - those pink sheets duly executed are the source document for reconstructing election results,'' he stated.

The former EC chair's comments come as Ghana prepares for the upcoming elections, and his call for judicial action aims to ensure the integrity of the electoral process.

Additionally, Dr Afari Gyan warned the courts against allowing itself to be captured by politicians.

According to him, the political class knows that one of the surest ways to capture the political terrain is to capture the judiciary.

“They know that the judiciary is the most powerful institution in the land and they also know that if you want to dominate the people,  you must first capture the judiciary. But state capture is harmful to democracy,” he added.

Source : Lead News Online