Supreme Court speaks. Orders deletion of names of NHIS card holders, minors, deceased from voters register
The Supreme Court has ordered the Electoral Commission (EC) to take steps to clean the voters register by deleting the names of persons not eligible to vote. Categories of persons affected are deceased persons, minors and voters who registered with identity cards issued under the National Health Insurance Scheme (NHIS) in 2012.
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While urging the EC to obey its orders within the laws of the country, the court, however, gave the chance to those who would be disenfranchised as a result of the directive to re-register.
“Any person whose name is deleted must be given the opportunity to register under the law,” the court ordered.
In a unanimous decision, the Supreme Court declined to declare the current voters register null, void and unconstitutional.
It said upon a true and proper interpretation of Article 45 (a) of the 1992 Constitution, the EC had the mandate to compile the register of voters and revise it at such periods as might be determined by law.
The court said the EC was, by this interpretation, required to compile a credible and accurate voters register.
Background
A former National Youth Organiser of the People’s National Convention (PNC), Mr Abu Ramadan, and another, Mr Evans Nimako, had petitioned the court to nullify the 2012 voters register and compel the EC to compile a new one.
They, consequently, sued the EC and the Attorney General for a declaration that upon a true and proper interpretation of Article 45 (a) of the 1992 Constitution, the mandate of the EC to compile the register of voters implied that the EC had a duty to compile a reasonable, accurate and credible register.
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They also sought a declaration that the current voters register, which contains the names of persons who had not established qualification to be registered, was not reasonably accurate or credible and was, therefore, inconsistent with Article 45 (a) of the Constitution, thereby making same unconstitutional, null, void and of no effect.
The two further prayed the court to declare that the current voters register which contains the names of persons who were deceased was not reasonably accurate or credible and was, therefore, inconsistent with Article 45 (a) of the 1992 Constitution, thereby making same unconstitutional, null, void and of no effect.
Set register aside
The applicants additionally asked the court to grant an order setting aside the current voters register and compel the EC to compile a fresh voters register before the conduct of any new public election or referendum in Ghana or, in the alternative, order the EC to audit the current voters register through validation of the registration of each person currently on the register.
The validation, according to the applicants, should result in the removal of names of unqualified persons and deceased persons and provide each validated registration with biometric evidence thereof, as well as strike out the names of those persons who failed to validate their voters registration within the stipulated period — before the conduct of any new registration exercise or public election or referendum in Ghana.
It will be unfair
In its ruling, the court held that it would be unfair to allow persons who registered in 2012 with NHIS cards to be disenfranchised without any process being put in place to ensure they exercised their constitutional right to vote.
According to the court, it was particularly so when the affected voters registered legally under Regulation 1 (3) of Constitutional Instrument 72 (CI 72).
It said although that CI was declared unconstitutional in 2014 by the same court, registered voters should be given the opportunity to register with acceptable forms of identification after their names had been removed from the current register.
Refused
The court refused to grant an order setting aside the current voters register and to compel the EC to compile a fresh voters register before the conduct of any new public election or referendum in Ghana.
It also declined to order the EC to audit the current voters register through validation of the registration of each person currently on the register.
According to the court, the EC could not adopt non-statutory provisions in the exercise of its duties.
It held that it would be unreasonable to demand an institution mandated by law to do anything which would be in contravention of Article 296 of the 1992 Constitution, which gives discretionary powers to state institutions.
It said Article 46 of the 1992 Constitution mandated the EC to conduct public elections and further noted that the EC was an independent body which was not subject to control from any quarters.
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According to the court, the applicants failed to prove that the EC had acted illegally and unfairly in its duties.
Composition
The court was presided over by the Chief Justice, Mrs Justice Georgina Theodora Wood.
Other members were Mr Justice Jones Dotse, Mr Justice Anin Yeboah, Mr Justice Paul Baffoe-Bonnie, Mr Justice N. S. Gbadegbe, Mr Justice J. B. Akamba and Mr Justice A. A. Bennin.
Reactions
Counsel for the applicants, Nana Bediatuo Asante, expressed joy at the court’s decision and said it was victory for democracy.
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The Convener of the Let My Vote Count Alliance (LMVCA), Mr David Asante, said there must be an open exercise to determine whose name would be deleted.
He said the exercise would be “tedious and interesting” but nonetheless expressed satisfaction with the court’s orders.