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Mrs Jean Mensa, President of the EC
The Electoral Commission (EC) has lodged an appeal with the High Court of Accra to extend the time allowed by the court to implement the People's Representation Amendment Act (ROPAA), 2006 ( Law 699), which gives Ghanaians in the diaspora the right to vote abroad.
On 18 December 2017, the human rights division of the High Court of Accra ordered the EC to implement the ROPAA within 12 months by presenting to Parliament a constitutional instrument (CI ) defining the terms and conditions for the implementation of the ROPAA.
But in its petition filed on January 30, the EC asks the court to extend the 12-month period, which ended in December 2018, until January 2020.
An affidavit in support of the motion tabled by the President of the European Commission, Ms. Jean Mensa, cites the leadership challenges at the EC as the reason for the call for an extension of time.
"I say that after the judgment of the court, the first defendant (EC) had serious leadership problems that ultimately led to the removal of my predecessor and the deputy commissioners who sat on the commission."
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See also: The Court allows Ghanaians Abroad to Vote in 2020
The court chaired by Judge Anthony Yeboah said his decision was aimed at ensuring that Ghanaians living outside the country registered and voted in the 2020 elections.
This order concerned the seven Commissioners of the EC and the EC as the body and was to enter into force on 1 January 2018.
According to the court, the EC had to "maintain and ensure full compliance with the implementation of Law 699" within twelve months by tabling in Parliament a constitutional instrument (IC) setting out the modalities for implementing the law. Act 699, and that if the EC had a legitimate reason and was "unable to comply with the order", the board had to issue the justifiable reason (s) 30 days before the deadline and also appear in court to explain the reason (s).
The Court held that the failure of the EC to enforce the ROPAA was a violation of the fundamental rights of Ghanaians in the diaspora, whose right to vote had been guaranteed by the 1992 Constitution, which was made effective by the law.
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