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Ms. Jean Mensa – President of the Electoral Commission
The appeal of the Electoral Commission (EC) to the High Court of Accra for an extension of time in order to make operational the Law of Amendment of the Representation of the People (ROPAA), 2006 (Law 699 ), which gives Ghanaians in the diaspora the right to vote abroad, has been challenged.
The challenge was filed by five Ghanaians from the Diaspora who were successful on December 18, 2017, which led the court to order the EC to submit to Parliament a constitutional instrument (IC) setting out the modalities for implementation. of ROPAA in the next 12 months. month.
In their application, the five persons – MM. Kofi A. Boateng, Nellie Kemevor, Obed Danquah, Christian Sillim and Agyenim – described the EC's approach as total disregard for the court's authority and then urged the court to revoke the plea.
On January 30, 2019, the EC filed a motion asking the court to extend the 12-month period, expiring on December 18, 2018, until January 2020.
The EC cited the recent change in its leadership, the organization of the 2018 referendum for the creation of new regions, among other challenges, as the reasons for its advocacy for more time.
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"EC action is scornful"
But the five people, represented by the lawyer Samson Lardy Ayenini, in their affidavit opposite, argued that the EC had acted scornfully by choosing to engage in other activities without executing the court decision within the time limits .
"The acquisition of instant demand will encourage losing parties in a lawsuit to choose their own time and the manner in which they will comply with the orders and the judgment of the court, which augurs badly for the administration of justice and which will hinder the management, "they proved.
They further argued that the EC's excuse was not legitimate but simply showed "the lack of interest of the applicant and the low priority given to the ROPAA since its entry into force in February 2006 and despite the clear orders of the decision of the court ".
"We tried to help"
The five also claimed that they had sent eight separate letters to the EC between February and December 2018, reminding the Commission of the 12-month delay, but all had fallen on deaf ears.
"The respondents did research and submitted a CI project to help the applicant, but the same principle was ignored," the opposite affidavit adds.
Context
The five Ghanaians in the Diaspora filed a lawsuit against the Electoral Management Body on the grounds that he had "fallen asleep" and refused to implement Law 699, 11 years later. its adoption.
The "deliberate refusal" or inaction of the EC to implement the act, they claimed, robbed them of the opportunity to vote in three general elections (2008, 2012 and 2016) and Other public elections.
On December 18, 2017, the court, presided over by Judge Anthony Yeboah, upheld their case and found that the BOIs deliberately dragged their feet and pledged not to put Bill 699 on the agenda. .
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