The Institute for Liberty and Policy Innovation (ILAPI) has expressed grave concerns regarding the proposed amendment to the parliamentary election petition timeline in Ghana.
The judiciary has recommended that the time limit for submitting parliamentary election petitions be reduced to seven days to allow for a speedy process.
It also proposed that the petition be filed seven days after the election results are declared, rather than after they are published in the gazette.
The judiciary indicated that C.I. 47, the Civil Procedure law that regulates the adjudication of such matters, be repealed or amended to enable cases to be heard within a month.
But ILAPI, in a statement, said the suggestion by the Judiciary Election Committee to reduce the timeline from 21 days to a mere 7 days is, in our considered opinion, unconstitutional, harsh, and a vacuum that perpetuates election misconduct.
The statement, which was issued and signed by Peter Bismarck Kwofie, further asserted that the current 21-day timeline for parliamentary election petitions in Ghana has been a crucial safeguard, ensuring that candidates and citizens alike have adequate time to gather evidence, prepare their cases, and seek justice through the judicial system.
“The proposed reduction to 7 days, however, would create an untenable situation, placing an undue burden on petitioners and effectively denying them their right to a fair and thorough hearing.
This timeline would be too short for the gathering of evidence, the preparation of legal arguments, and the proper presentation of the case before the courts.
It would, in essence, render the election petition process a mere formality, undermining the very foundations of democracy and the principles of natural justice,” the statement said.
It added “Furthermore, the 7-day timeline would disproportionately affect smaller political parties and independent candidates, who often lack the resources and infrastructure of larger, well-established parties. This, in turn, would perpetuate the dominance of the political elite and stifle the emergence of new voices and perspectives in the Ghanaian political landscape.
The consequences of such a hasty and risky amendment cannot be undermined. It would erode public trust in the electoral process as citizens would perceive the system as rigged and biased against those who seek to challenge the status quo. This in turn could lead to increased political instability, social unrest, lack of trust in the judicial system, and the deterioration of Ghana’s hard-won democratic credentials.”
It has therefore urged the Judiciary Election Committee, stakeholders, and the Ghanaian government to reconsider this proposal and maintain the current 2 1-day or consider a fair and reasonable period of 14 days petition timeline for parliamnentary election petitions.
Read the full statement below
By: Rainbowradioonline com/Ghana
