Supreme Court stops EC from using NHIS cards for voters registration
The Supreme Court yesterday slapped a perpetual injunction on the Electoral Commission (EC), restraining it from using National Health Insurance Scheme (NHIS) cards, in their current form, as a form of identity for voter registration in the country.
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In a unanimous decision, the court also ruled that existing voter identity cards, other than the biometric one issued in 2012, could be used as forms of identity for voter registration.
The ruling followed an action instituted by Mr Abu Ramadan, the National Youth Organiser of the People’s National Convention (PNC); Mr Evans Nimako, a farmer, and Mr Kwasi Danso Acheampong, a lawyer.
They had asked the highest court of the land for proper interpretation of Article 42 of the 1992 Constitution which states, "Every citizen of Ghana 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 plaintiffs argued that since one was not necessarily required to be a citizen to hold an NHIS card, accepting the card as a basis to register a person to vote in national elections was a violation of the Constitution.
The court had, in an earlier ruling, asked the EC to stop its public advertisement on the voter registration exercise while it determined the case before it.
Justice Bennin absent
Only six out of the seven-member panel of justices sat to give the ruling, but the Chief Justice, Mrs Georgina Theodora Wood, who presided, said Mr Justice Albert A. Bennin had travelled to Abuja on an official assignment and had directed Mr Justice Nasiru Sulley Gbadegbe to act in his stead.
The other members were Mrs Justice Sophia Adinyirah, Mr Justice Jones Dotse, Mr Justice Anin Yeboah, Mr Justice Nasiru Sulley Gbadegbe and Mr Justice J.B. Akamba.
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The ruling
Reading the ruling, Mrs Justice Wood said the use of NHIS cards to register voters was inconsistent with Article 42 of the 1992 Constitution and that it was void.
She said the court qualified the use of the card as “in its current form” because things could change in the future.
Reasons
The court deferred the reasons for the ruling to October 17, 2014 when it resumes from legal vacation.
No costs were awarded.
Victory for democracy
After the ruling, one of the plaintiffs, Mr Nimako, told the Daily Graphic that the ruling was a victory for democracy.
He said the ruling had effectively curtailed the worrisome situation where non-Ghanaians who had access to NHIS cards could have used them to register illegally.
Mr Ramadan only said, “We will now have a true reflection of our votes.”
Writer’s email: victor.kwawukume@graphic.com.gh