Franklin Cudjoe, President of IMANI Africa Policy Think Tank, related that the High Court judge in Ho delivered a damning verdict against the Electoral Commission (EC) in the SALL election petition case, condemning their actions.
He indicated that during the SALL election petition hearing on May 21, 2024, at the High Court in Ho, Justice Owoahene Acheampong sternly rebuked the First respondent (the EC) for their “lackadaisical attitude”, expressing strong disapproval of their conduct in the matter.
Furthermore, he pointed out that the 1st Respondent demonstrated a blatant disregard for the court’s authority by refusing or failing to comply with the orders issued as far back as February, which had explicitly directed them to file additional issues.
He also revealed that the 1st Respondent was notably absent from today’s, May 21, 2024, court proceedings, failing to appear to present their defense as required.
“The court, therefore, ordered hearing notice to be served on the Director of Operations of the Electoral Commission in Accra as well as the lawyer for the Electoral Commission to ensure their attendance before the court on the next court sitting”.
Franklin Cudjoe
According to Franklin Cudjoe, the court had previously set a trial date for four specific issues presented by the petitioners’ legal representative, as per the court’s instructions issued on April 24, 2024.
As such, he stated that the court ordered both parties to file their witness statements and supporting documents simultaneously within ten days from May 21, 2024, in preparation for the trial.
Moreover, Cudjoe revealed that the court explicitly directed the Electoral Commission to file authentic copies of C.I 119, C.I 128, and the list of voters registered in the SALL traditional areas within a ten-day period starting today, May 21, 2024.
Franklin Cudjoe further announced that the case has, therefore, been adjourned to June 3, 2024, for a case management conference, followed by three hearing dates scheduled for June 11, 20, and 21, 2024.
Ho High Court To Address Key Issues In SALL Case
According to Franklin Cudjoe, the Ho High Court has identified and scheduled several crucial issues to be heard and resolved during the trial.
According to him, the court will examine and rule on the validity of the amendments made to the Representation of the People (Parliamentary Constituencies) Instrument, 2016 (C.I. 95) through the Representation of the People Instrument, 2020 (C.I. 128), which were applied in the December 2020 elections.
Furthermore, Franklin Cudjoe stated that the court will investigate and deliver a ruling on whether Constitutional Instrument (C.I.) 112 indeed incorporated the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) Traditional Areas into the Oti Region.
He also noted that the court will also determine whether Constitutional Instrument (C.I.) 119, issued by the 1st Respondent, legally redefined the boundaries of the Hohoe Municipality, which were originally established by the Local Government (Hohoe Municipal Assembly) (Establishment) Instrument, 2012 (L.I. 2151).
Finally, Franklin Cudjoe noted that the court will ultimately decide whether the exclusion of voters from the SALL Traditional Areas in the Hohoe Constituency Parliamentary election on December 7, 2020, renders the declaration of the 2nd Respondent as the duly elected Member of Parliament for the Hohoe Constituency invalid.
The Electoral Commission of Ghana has faced widespread criticism for its controversial handling of the voter disenfranchisement issue affecting the people of Santrokofi, Akpafu, Lipke, and Lolobi (SALL) during the 2020 elections, sparking concerns about the integrity of the electoral process.
However, the Electoral Commission (EC) subsequently explained that the exclusion of voters in the Santrokofi, Akpafu, Lipke, and Lolobi (SALL) areas from participating in the parliamentary elections on December 7, 2020, was not a deliberate act of disenfranchisement, but rather an unintended consequence of the electoral process.
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