Respected legal activist Prof Stephen Kwaku Asare has said after a thorough reading of the written submissions of the Electoral Commission of Ghana, he gets the impression that the EC is questioning the legitimacy of past elections.
The EC had in a 31-page written legal argument urged the Supreme Court to back its decision to exclude the current voters’ identification card as proof of identification for prospective voters.
The Commission argued that the existing voters ID card was acquired by some Ghanaians in a manner that breached various laws. The EC in its legal arguments described the card as a fruit of a “poisoned tree.”
According to the election body, a new process excluding the card will afford it an opportunity to “break from the past and remedy all the carried on ineligibilities”.
This, Prof Asare said, is an “extreme position” that “poisons” the EC’s argument and calls to question the legitimacy of past elections including the one that elected President Akufo-Addo.
According to him, the EC made the same argument Abu Ramadan cases which the apex court rejected.
“The EC’s legal arguments, if taken seriously, will question the legitimacy of our past elections and call for its dissolution for sustained negligence in performing its duties.” He wrote.
Sometimes such extreme positions poison one’s arguments. This is especially so because, stripped of the needless hyperbole, the EC is making the same points that the Court rejected in Ramadan. Ramadan stands for the proposition that most, if not all, voters’ registers have some inaccuracies. So the test is not accuracy or perfection but substantial accuracy. It follows, as the Court directed, that registers must be cleaned rather than discarded” he added.
“In effect, the Court has had trouble with invalidating all cards on a suspicion or even proof that a few may have been acquired irregularly. Interesting read!” he concluded.
Source: MyNewsGh.com/Stephen Zoure/2020