EXCLUSIVE JURISDICTION OF THE SUPREME COURT ON PRESIDENTIAL ELECTION

THE WRITER
The 1992 Constitution, art 64(1) provides that the validity of the election of the president may be challenged only by a citizen of Ghana by a petition presented to the Supreme Court within twenty-one days after the declaration of the results. Article 64(2) further provides that a declaration by the Supreme Court that the election of the President is invalid shall be without prejudice to anything done by the President before the declaration. And article 64(3) stipulates that the Rules of Court Committee shall make rules for the practice and procedure for the petitions to the Supreme Court. The Rules of Court Committee established under article 157 of the 1992 Constitution, has accordingly made Rules, pursuant to article 157(2) if the Constitution, namely, the Supreme Court Rules, 2012(CI 74), by substituting for Part VIII of the Supreme Court Rules,1996 (CI 16) as amended, the new Part VIII, headed: 
“PART VIII – CHALLENGING OF ELECTION OF THE PRESIDENT.” This part VIII contains Rules including: Rule 68 (Petition for challenging the election of President, Rule 68A (Mode of presentation); 68B (Service); Rule 69 (Respondent’s address for service); Rule 69A (Respondent’s answer to petition the preliminary objection); Rule 69C (Hearing); and Rule 71B (No review of the decision Supreme Court in respect of a decision challenging the election of a President).

Commencing presidential election petition

Rule 68(1) and (2) of the Supreme Court Rules, 2012 (CI 74), makes provision for the commencement of an election petition in presidential election. The said rule 68 (1) and (2) stipulates as follows:

“68. Petition for challenge
(1) A proceeding pursuant to clause (1) of article 64 of the Constitution shall be commenced by presenting to the Registrar a petition in the form 30 set out Part V of the schedule.

(2) The petition shall be presented within twenty-one days after the declaration of the results of the election in respect of which the petition is presented.
Pursuant to article 64(1) of the 1992 Constitution, any citizen of Ghana who is duly registered as a voter may present a petition to the Supreme Court within twenty-one days of the declaration of the Presidential results challenging the election of the President.

Comments

  1. Unknown13 September 2018 at 15:30

    Keep it up Saint....By the way my mtn mobile money oooo

    ReplyDelete

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