The Supreme Court has declared the ongoing processes of the district level election unconstitutional.
Friday's decision compels the country's elections governing body, the Electoral Commission to suspend the processes of the elections which were scheduled for March, this year.
The Court ordered the commission to start all over again CI 85; a legal instrument which seeks to demarcate electoral boundaries for the district elections in 2015.
Counsel for the Efutu assemblyman aspirant Afenyo Markin had argued that CI 85 which is still in Parliament had not become a law.
“You cannot open nominations when the electoral areas remain a proposal and haven’t gone through the electoral process to become law” Afenyo Markin maintained.
In a unanimous decision by seven judges, the Supreme Court said the current process was not grounded in any law.
In a sign of things to come, the court had earlier directed the EC to stop running adverts on the elections while the case was in court.
Lawyer for the Electoral Commission James Quarshie Idun has had a difficult time convincing the court on the basis on which the E.C disqualified an applicant Benjamin Eyi Mensah.
James Quarshie Idun
It has been a tough two days for legal counsel of the EC, Quashie Idun as the judges have challenged most of his arguments.
On the first day, Mr Idun quoted CI 75 but was immediately reminded by the judges that, that constitutional instrument deals only with presidential and parliamentary elections.
His decision to rely on CI 68 did not help either as the court drew his attention to the fact that it deals with unit committee elections.
At yesterday's sitting, Mr. Quarshie Idun abandoned those CI’s. He rather quoted section 11 of PNDC law 284. B According to him, the EC per that law is allowed to go ahead with the election without relying on CI 85, but the judges again, were not fully convinced.
It has been a tough two days for legal counsel of the EC, Quashie Idun as the judges have challenged most of his arguments.
On the first day, Mr Idun quoted CI 75 but was immediately reminded by the judges that, that constitutional instrument deals only with presidential and parliamentary elections.
His decision to rely on CI 68 did not help either as the court drew his attention to the fact that it deals with unit committee elections.
At yesterday's sitting, Mr. Quarshie Idun abandoned those CI’s. He rather quoted section 11 of PNDC law 284. B According to him, the EC per that law is allowed to go ahead with the election without relying on CI 85, but the judges again, were not fully convinced.
- See more at: http://www.myjoyonline.com/politics/2015/February-27th/supreme-court-rules-on-march-district-level-elections-today.php#sthash.HF4vafLK.dpuf
The Genesis of opposition
After completing and submitting his forms on Monday, December 22, 2014, Benjamin was told that the filing of nominations closed on Sunday, December 21, 2014 at 5pm.
The aggrieved aspirant then charged to court and has with the ruling obtained a favourable result.
Patronage at local level elections has usually been low. But with increased advertisement on radio and TV, it was expected that turn-out this year would be better.
From the ruling, low voter turn-outs would be the least of the E.C's concerns.
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