Repeal law barring convicts of electoral offences from voting - Lawyer to Supreme Court

A lawyer and human rights activist, Fred Akweter, is challenging the constitutionality of the law that debars persons convicted of electoral offences from being registered as voters or voting for five years after serving their sentences.

In a writ filed at the Supreme Court, Mr Akweter argued that Sections 27, 28, 29, 36 and 41 of the Representation of the People Law, 1992 (PNDL 284) violates Article 42 of the 1992 Constitution which guarantees the right to be registered as a voter and the right to vote.

The lawsuit, which is against the Electoral Commission (EC) and the Attorney-General (A-G), was filed by counsel for the plaintiff, Noah Ephraem Tetteh Adamtey.

Impugned provisions

Section 27 of PNDCL 284 stipulates that a person who makes false statements during voters’ registration, registers twice or uses force to prevent someone from registering as a voter commits an offence; Section 28 criminalises the forging, defacing or destruction of ballot papers, while Section 29 makes it an offence to vote more than once during election or vote when not entitled to vote.

Section 36 of PNDCL makes it a crime for a person to prevent a person from exercising his franchise to vote, while Section 41 imposes various sentences on people who engage in bribery and undue influence during elections.

The above provisions in PNDCL 284 impose various fines and terms of imprisonment as well disqualifying a convict for five years from voting or registering to vote after serving his or her sentence.

Unconstitutional fetter

It is Mr Akweter’s contention that the only exceptions to the right to vote and be registered to vote as stipulated under Article 42 of the Constitution are if a person is not a Ghanaian, below 18 years or of unsound mind.

Barring a person from registering to vote or voting on the basis of committing an electoral offence for which the person had already been punished, he argued, was an unconstitutional fetter on the right to vote as stipulated by Article 42 of the Constitution.

“The fundamental right to vote has unconstitutionally been curtailed by Sections 27, 28, 29, 36 and 41 of PNDCL 284.

The direct effect of the impugned sections under PNDCL 284 is to disqualify a certain class of people outside the limitation recognised by Constitution generally, and Article 42 specifically,” he stated.

The plaintiff acknowledged that fundamental human rights such as the right to vote were not absolute but argued that whatever limitations envisaged ought to be stipulated by law and in this situation, the Constitution, adding that the only limitations were the ones provided under Article 42 of the Constitution.

“The Constitution did not set down the convictions of offences under any law as criterion to restrict the right to vote.

Aside from the limitations explicitly stated in Article 42 of the Constitution, there are no additional constitutional provisions that outline further qualification for who is eligible to vote,” plaintiff added.

Mr Akweter cited the case of Ahumah Ocansey vs A-G where the Supreme Court upheld the rights of prisoners to vote, arguing that the impugned provisions were bad in law as they prevented persons who had served their sentences from voting.

“The right to vote is a fundamental right that enables Ghanaians to engage actively in the democratic and governance process of our country. As a result, this right must consistently be protected by the courts and all relevant institutions involved in elections especially the Electoral Commission,” the plaintiff added.

Reliefs 
Mr Akweter is therefore seeking a declaration that upon a true and proper interpretation of Article 42, Sections 27, 28, 29, 36 and 41 of PNDL 284 is an unjustifiable interference with the right to vote and therefore unconstitutional.

He is also seeking an order from the highest court of the land directed at the EC to fulfil its constitutional duty and not exclude persons convicted of electoral offences from registering to vote or voting.

Writer’s email: emma.hawkson@graphic.com.gh