Dr. Kwadwo Afari-Gyan, former Chairperson of the Electoral Commission, has advocated for the judiciary to thoroughly examine election petitions and impose penalties on individuals who submit baseless or frivolous cases, to prevent abuse of the legal process.
Dr. Afari-Gyan characterized certain election petitions as highly unlikely to succeed, emphasizing that the courts should have the capacity to identify and dismiss those that have no reasonable prospect of success.
He cautioned that unfounded election petitions can erode the credibility of the courts and the Electoral Commission, highlighting the need for a robust process to filter out meritless claims.
“I sincerely think that the courts and Electoral Commission must be spared in an improbable election petition. Not only do they needlessly waste time but they can also cause undeserved injury to the reputation of a judge or EC, in the minds of supporters of some party candidates irrespective of the verdict”.
“Because of this ability to cause undeserved damage, I am suggesting that instead of regarding every election petition a public interest litigation, improbable petitions should attract punitive sanctions”.
Dr. Kwadwo Afari-Gyan
Dr. Afari-Gyan advised political parties contesting the December 7 elections to handle the “pink sheets” with care and diligence during and after the voting process, to prevent any potential discrepancies or disputes.
He stressed the significance of pink sheets in the electoral process, advising political parties to thoroughly scrutinize them before contemplating legal challenges against the Electoral Commission’s declared results.
“The pink sheets are the most important document for reconstructing election results. We say elections are won or lost at the polling stations – those pink sheets duly executed are the source document for reconstructing election results”.
Dr. Kwadwo Afari-Gyan
He emphasized that politicians recognize the judiciary as the most powerful institution in the country, and therefore, they often seek to exert control over it to dominate the populace.
Dr. Afari-Gyan cautioned that the judiciary must be cautious and protect itself against state capture, which can undermine democracy and its principles.
Okudzeto Cautions Against Legal Trickery
Meanwhile, Sam Okudzeto, a lawyer, stated that the court is not a venue for legal trickery or manipulation, debunking the notion that lawyers can “dribble” their way through proceedings.
Okudzeto concurred with Dr. Afari-Gyan, highlighting that court proceedings are governed by rigid rules and procedures and that the law must be allowed to function as intended, without exception or manipulation.
He emphasized that election petitions must be dealt with efficiently and within strict timelines, as delays can prevent newly elected representatives from carrying out their mandated roles and serving their constituents effectively.
“These time limits are put there for a purpose. You also need to understand that laws are not made in a vacuum. Every law has a purpose and not all laws are the same so each one has to be examined in the context – as in, for what it was meant for”.
“I think there is too much rush to become a lawyer. When they were saying that the Electoral Commissioner should be examined [in the petition case], I was asking the question, ‘What for?’ Now who is the plaintiff in the case, is it not the petitioner, who is supposed to prove the case, is it not the petitioner?”
Dr. Kwadwo Afari-Gyan
Okudzeto reiterated the crucial role of the “pink sheet” in election petition hearings, advising the Electoral Commission to always utilize it.
He advocated that in cases where the pink sheet fails to clearly determine the election winner, the Supreme Court should ideally order a re-run of the election.
The seasoned lawyer warned his colleagues to exercise caution and avoid misleading their clients in electoral petition matters.
He also highlighted the unprofessional tendency of some lawyers to make sensational comments in the media, which tarnishes the legal profession’s reputation.
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