Afari-Gyan calls for punitive measures against “frivolous” election petitions
According to the former chairman of the EC, baseless election petitions could harm the credibility of both the judiciary and the Electoral Commission
Former chairman of the Electoral Commission, Kojo Afari-Gyan, has urged the judiciary to implement punitive actions against parties who file what he describes as “frivolous” election petitions.
He stressed that such cases are often unnecessary and that the courts should be empowered to assess the merit of petitions before proceeding.
Speaking at the ongoing Ghana Bar Association conference in Kumasi, Afari-Gyan warned that baseless election petitions could harm the credibility of both the judiciary and the Electoral Commission. He advocated for stronger judicial scrutiny to prevent unwarranted cases from tarnishing the image of the electoral process.
“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,” he said.
Afari-Gyan also urged political parties participating in the 7 December elections to exercise caution when dealing with the “pink sheets” during and after the polls.
He emphasised the critical role pink sheets play in the electoral process and urged parties to carefully examine them before considering legal actions against the Electoral Commission after the results are declared.
“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.”
Afari Gyan further warned the courts against allowing itself to be captured by politicians. According to him, the political class knows that one of the surest ways to capture the political terrain is to capture the judiciary.
“They know that the judiciary is the most powerful institution in the land, and they also know that if you want to dominate the people, you must first capture the judiciary. But state capture is harmful to democracy…”
Reporting By Jonathan Ofori, Asaase Newsroom, Kumasi
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