The NDC election petition can be heard in two weeks, 42 days, too long – Ayine.

Former Deputy Attorney General Dr. Dominic Ayine said that the 2020 election petition sent to the Supreme Court by National Democratic Congress (NDC) Presidential Nominee John Dramani Mahama will be heard within two weeks, just as in Kenya.

He said on TV3’s Key Points Programme on Saturday 2 January that, in his opinion, the 42-day span laid down by the latest rules for the Supreme Court Justices to deal with the case is too lengthy.

A new directive to hear any election dispute within 42 days was issued to the justices of the supreme court ahead of the December 7 2020 elections.

It took the country’s top court about nine months to arbitrate the appeal at the last election petition hearing since the 2012 elections.

On Wednesday December 30, 2020, the NDC and its presidential candidate filed a petition requesting, inter alia, a re-run of the presidential elections, urging the Court to order Nana Addo Dankwa Akufo-Addo, the second respondent, to restrain him from keeping himself as President-elect.

Dr. Ayine, who is also Member of Parliament for Bolgatanga East, told Abena Tabi, host of the Key Points, “The lessons we learned from the 2012 petition was that we went through an eight-month trial, held the country spellbound for eight months on a daily basis on television sets, and so we learned a very difficult lesson from that.” That’s how Justice Yoni, his Lordship, came in.

Kulendi referred to the new law, which specified a shorter duration of 42 days for the petition to be heard.

I have not been able to verify whether the respondents were presented with the petition, but I think it is very important because time starts to pass. They must be served, and they have to be served directly. In the case of the Electoral Commission, because the Electoral Commission is an autonomous commission, every principal officer of the Commission can and may receive a petition.

In the case of His Excellency, as the Second Respondent, the President must be served directly. You can’t just go and drop it at Nima’s Flag Staff House or his home and then demand it to be served properly. So, we’ve got to do some jobs. I hope that, during the case, the panel in this case will find

Management, a more expeditious way to get us to a shorter time span. Really, I don’t really want us to go for 42 days. It’s so long. In two weeks’ time, the Kenyans did so.

In the meantime, the Supreme Court justices have alleviated concerns that they would rush the trial in spite of the shortened span of time.

“Asked whether the judges with this directive are not snowballing the wheel of justice, while speaking in an interview with Thomas Adotei Pappoe of TV3, Justice Yonny Kulendi said on 29 November 2020 that “that’s not the case. That’s not the case. Parliament by statute, with our experiences in the last referendum petition, has set

The deadline for the settlement of potential presidential election disputes was not fixed by the courts, and so the timeline of 42 days during which all presidential election disputes could be settled.

“This is created by statute. It is an alteration to the current law that makes the provision and, yes, the provision

A calendar is attached by statute and the timetable sets out deadlines under which the different procedures resulting in a hearing will be decided.

“He added that “the deadlines set out in the statutory instrument conform with the timelines, including the constitution, by statute.

“The purpose of this review is to update it and reflect all the amendments that have been passed to the law and the new laws.”

He further clarified that the Chief Justice puts a high priority on Ghana’s elections because they are a significant component of the democracy of Ghana.

It is a mechanism by which we exercise our franchise and invest in a preferred group of individuals or invest all the executive powers of the republic in one person.

“That was still the case. And for his Lordship the Chief Justice and the entire judiciary at the moment, the severity and that importance that the judiciary attaches to election-related disputes and their adjudication is a front burner issue.

Source: 3news


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