The National Democratic Congress (NDC) has applied for a review of the Supreme Court’s decision which nullified the inclusion of the old voters ID card and birth certificates from the list of valid documents needed for registering to vote.
According to a statement by the party’s Communication’s Officer, Sammy Gyamfi, the decision to apply for a review was after the party’s lawyers had affirmed their position after perusing the Court’s decision. The party’s lawyers’ conclusion was that the “Court was wrong”.
“After that, our lawyers went to work; and true to our expectation, they have come back with a number of very cogent reasons why they think the judgment of the Supreme Court was wrong.”
The statement, released on Friday, July 24, 2020, indicated that the apex Court’s decision to exclude the previous voter’s ID and birth certificates was “without due and proper regard for existing laws, and in many cases, without the requisite supporting evidence.”
The NDC pointed out that, one law inconsistent with the Court’s decision is the
“National Identity Register (Amendment) Act, 2017, Act 950, which affirms the efficacy of a birth certificate as an identification document that proves citizenship. We therefore find it surprising and worrying, that the Supreme Court would hold that ‘A birth certificate is not a form of identification.’”
As such the party “maintains that registering births and deaths has been a basic element in official national record-keeping.
“A Ghanaian birth certificate shows one’s date and place of birth, age, parentage, and nationality; precisely the kind of information that would be required for any form of voter registration.”
Also, one of the justifications of the party’s novel action is that,
“holders of existing voter ID cards have acquired rights based on the fact that the Electoral Commission has gone through a process of identifying them, ascertaining their ages and nationality and has adjudged them to be eligible to vote.
“What surprises us is that, it is the same Electoral Commission which issued these cards at high expense to the state that is now alleging strenuously, with hardly any proof, that its own process of issuing those cards was so poisoned that those cards should not be accepted as proof of identity.”
The EC is allowing only the use of the Ghana Card and Passports as forms of identification during the ongoing voter registration.
The NDC assert that, the EC’s choice is “arbitrary, whimsical and capricious” and therefore feels this status quo will lead to many Ghanaians being disenfranchised.
The EC presented the Public Election (Amendment) Regulation, 2020 (C.I. 126) to Parliament to amend C.I. 91 in order to change the current identification requirements.
Find below the full statement
NDC APPLIES FOR REVIEW OF SUPREME COURT JUDGMENT ON EXCLUSION OF BIRTH CERTIFICATES AND EXISTING VOTER ID CARDS FROM VOTER REGISTRATION REQUIREMENTS.
This afternoon, the National Democratic Congress caused to be filed an application for the review of the judgment of the Supreme Court in the case involving the current voter registration exercise, which judgment was delivered on 25th June 2020.
As a political party, when the judgment was delivered, we did not hide our disappointment, but we were powerless to do anything about it at the time because the reasons for the judgment were not given until 15th July 2020, 20 days after the judgment was announced.
After that, our lawyers went to work; and true to our expectation, they have come back with a number of very cogent reasons why they think the judgment of the Supreme Court was wrong.
We have therefore placed our concerns before the Supreme Court for it to take a second look at its own judgment, and if possible, change its position on matters that we think are fundamental to citizenship and the right to vote in this country.
Our lawyers have raised many serious issues with the judgment of the Supreme Court. We respectfully hold the view, that the Supreme Court in several cases, arrived at its conclusions without due and proper regard for existing laws, and in many cases, without the requisite supporting evidence.
Two issues however stand out among our complaints.
We take a critical view of the holding of the Supreme Court that our birth certificates are worthless as proof of our identity, and thereby, our nationality. As our lawyers have stated in their arguments in the review application; “…….Registering births and deaths has been a basic element in official national record keeping for decades. The certificates resulting from these registers are well known and, with respect to the birth certificate in particular, its relevance for public purposes such as obtaining a passport is very well established. Indeed, it is not only in Ghana that this is the case. Throughout the world, the keeping of official records of birth and the use of the resulting birth certificate for public purposes is well established.”
A Ghanaian birth certificate shows one’s date and place of birth, age, parentage, and nationality; precisely the kind of information that would be required for any form of voter registration.
Our lawyers have also pointed out that “Because the connecting factors relevant to determination of nationality are primarily place of birth and parentage, birth certificates are definitely evidence of great importance for citizenship determination.”
This is particularly so, as the Parliament of the Republic of Ghana has enacted a law, National Identity Register (Amendment) Act, 2017, Act 950, which affirms the efficacy of a birth certificate as an identification document that proves citizenship. We therefore find it surprising and worrying, that the Supreme Court would hold that “A birth certificate is not a form of identification”.
The Supreme Court’s decision that holders of existing voter ID cards cannot use same as a source of identification, is also a matter of great concern to us as a political party. It is our view, that holders of existing voter ID cards have acquired rights based on the fact that the Electoral Commission have gone through a process of identifying them, ascertaining their ages and nationality and has adjudged them to be eligible to vote.
This data appears on the face of each voter ID card and in our view, should constitute prima facie identification of its holder for the purpose of any fresh voters’ registration exercise. What surprises us is that, it is the same Electoral Commission which issued these cards at high expense to the state that is now alleging strenuously, with hardly any proof, that its own process of issuing those cards was so poisoned that those cards should not be accepted as proof of identity. This we maintain is arbitrary, whimsical and capricious.
These exceptional circumstances, are what have necessitated the present application for the review of the judgment of the Supreme Court on this matter.
As a key stakeholder in Ghana’s electoral process and our constitutional democracy as a whole, we feel deeply concerned about holding democratic institutions accountable. And accountability, in our considered opinion, includes not allowing democratic institutions to indulge in self-deprecation as it is the case now with the Electoral Commission.
Again, it is our conviction, that as a Political party which birthed this fourth republican democracy, we owe it a duty to God and country, to use every available legal opportunity, to defend and protect citizenship rights provided under same. Hence, our determination to pursue this all-important matter to its logical conclusion. May posterity be our judge.
Signed.
Comrade Sammy Gyamfi
National Communication Officer
