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General News of Friday, July 12, 2019
Source: dailyguidenetwork.com
2019-07-12
Jean Mensa, President of the EC
A high court in Accra has cleared the president of the Electoral Commission (EC), Ms. Jean Mensa, and six other commission officials for contempt of court.
Some Ghanaians in the diaspora have cited EC officials for contempt, claiming that the commission deliberately failed to comply with the orders of another court to implement the Law on the Amendment of the Law on Representation. people (ROPAA).
Kofi Boateng, Agenenim Boateng, Nellie Kemevor, Obed Danquah and Christian Sillim wanted the court to punish those responsible for their failure to implement the law that gives Ghanaians leaving their country the right to vote in national elections and referendums.
On 17 December 2017, a High Court of Accra (Human Rights Division) ordered the BOI to activate the process allowing Ghanaians residing abroad to vote in elections from the country.
The court said that, within 12 months – as of January 1, 2018 -, the EC should lay before Parliament the modalities for the implementation of the ROPAA Act so that Ghanaian citizens living abroad can participate in the 2020 elections.
The court also ordered that, if they did not enforce the law as ordered, they should publish the reason why they could not do so.
The court's 12-month period ended on 31 December 2019, but the EC was unable to implement the law and subsequently filed a request for an extension of time.
Claim of contempt
The complainant then went to court through his lawyer, Sampson Lardy Anyenini, alleging that "the EC had failed, refused or neglected to respect and comply" with the court orders.
"The first defendant (the EC) and its commissioners have with impunity pursued their contemptuous acts of not complying with the aforementioned judgment and the specific orders addressed to them personally, although the time allowed to comply with them has elapsed They said.
According to the five applicants, the only way to ensure that the EC complied with the court orders was that Ms. Mensa and the other commissioners were "incarcerated for contempt".
Opposition
In her affidavit of opposition, EC Boss denied the applicants' allegations, arguing that she was not the EC Chair at the time the court issued the orders in December 2017 and that since her appointment, she had taken steps to implement the court's orders.
"Having been seized of court orders after my appointment in July 2018 and ensuring that measures are taken to comply with court orders, I, through my lawyers, requested an extension of delay in which the implementation of the law. 699 would take place.
"I deny him in the performance of my official duties as President of the Ghana Electoral Commission; I have acted deliberately to discredit or disregard the administration of justice, "she said.
In its decision, the court rejected the claim, but rejected the EC's request to order the applicants to pay the costs.
In the meantime, a High Court in Accra has granted a request from the EC giving it another 12 calendar months to enforce the law.
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