The opposition National Democratic Congress (NDC) has said it will challenge the implementation of the Representation of the People Amendment Act also known as the ROPAA law, 2006 [Act 699] as ordered by the court.
The High Court in Accra, presided over by His Lordship Justice Anthony K. Yeboah, on Monday ordered the Electoral Commission (EC) to implement the law within 12 months.
The National Organiser of the NDC, Kofi Adams however told Citi News the difficulties that political parties face in mobilizing and campaigning within the shores of the country will be compounded by an implementation of the law. “Of course the issues that we raised are still very relevant today.
The fact still remains that political parties registered in Ghana here still have challenges to monitor the political processes even within Ghana so now you are going to follow every Ghanaian everywhere.
Is the Electoral Commission going to now resource and support political parties to make sure that they reach everywhere there will be a Ghanaian to campaign and to track the process or in other words to present party agents? We still insist that the law as it is, is very difficult to implement. “
We’re excited about judgement
Despite Mr. Adams’ concerns,the USA Branch Acting Organiser, Issa Balla Saeed, told Citi News, both the party and the Ghanaian community are happy about the judgment.
“The NPP members in particular and Ghanaians in general were very excited about this. I should say this has been out there for sometime during Kufuor’s administration. Both NPP and Ghanaians in general are happy about the judgement.”
Court’s ruling
Delivering the judgement, Justice Anthony Yeboah said the EC had for the last ten years breached the rights of Ghanaians living abroad by failing to give them an opportunity to vote.
He thus condemned the EC’s failure to address challenges preventing Ghanaians living abroad from voting, and specifically asked them to ensure that arrangements are made for such people to vote in the 2020 elections.
He said the ROPAA law was passed by Parliament, and that the EC can cause the same Parliament to approve funding for them for the implementation.
The ROPAA law seeks to empower eligible Ghanaians abroad to vote in national elections. Successive governments have failed to ensure its implementation, since its passage in 2006.
The applicants were praying the court to declare a violation of their human rights with the non-implementation of the law, and a subsequent order for them to take part in general elections and national referenda while residing abroad.
EC’s arguments
The Electoral Commission at the last hearing prayed the court to allow it prove it was in the process of implementing the law, but failed to provide enough evidence to that effect.
The EC primarily argued that, it had plans to implement the law and should not be compelled to do so.
It also challenged the process by which the applicants invoked the court’s jurisdiction as wrong, while insisting that the right to vote is not a human right.
State Attorneys representing the 2nd Respondent in court had at the start of the case also told the court that they will associate themselves with arguments of lawyers of the 1st Respondent (EC), throughout the entire process.
The case was originally filed in 2016, but withdrawn ahead of the elections and refiled after the elections.
The applicants are Kofi A. Boateng, Nellie Kemevor, Obed Danquah, Christiana Sillim and Agyenim Boateng, all residing in New York State and Kentucky in the USA.
Reliefs as spelt out by the applicants are listed below:
The Applicants who are all members of the Progressive Alliance Movement (PAM) a New York State incorporated nonprofit organization, were seeking from the Court “a Declaration that Applicants have fundamental human rights under Articles 17(2), 42 and 33(5), of the 1992 Constitution of the Republic of Ghana, the Representation of the People (Amendment) Act 2006 [Act 699] Article 13 of the African Charter on Human and People’s Rights, Article 25 of The International Covenant on Civil and Political Rights, Article 21 of the Universal Declaration of Human Rights and Protocol 1 (article 3) of the European Convention on Human Rights
a) “to be registered as voter[s]” while resident abroad and being outside the jurisdiction of the Republic of Ghana, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;
b) to be issued voters Identity Cards “to enable” them “to vote in public elections and referenda” while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centres close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;
c) “to vote in public elections and referenda” particularly Presidential and Parliamentary elections while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centres close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;
d) A Declaration that the non-compliance of 1st Respondent in particular to operationalize the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;
e) A Declaration 2nd Respondent’s failure, neglect or refusal to uphold/ensure full compliance/operationalization of the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;
f) A Declaration that each of the Applicant’s “right to vote and entitle[ment] to be registered as a voter for the purposes of public elections and referenda” in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;
g) A Declaration that it is discriminatory for Respondents particularly 1st Respondent to continue to register abroad and ensure that a category of citizens studying abroad or working in Ghana’s Missions/Embassies abroad vote in public elections and referenda while in abroad to exclusion of the Applicants.
h) An Order of mandamus directed at Respondents particularly 1st Respondent to forthwith, uphold/ensure
Source: citinews
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Yes indeed, Kofi was born in the former Western Togoland. The capital city of Western Togoland was located at Ho in the present Volta Region of the nation of Ghana. Western Togoland was added to the Gold Coast to form the Nation of Ghana as it is today. The capital city of the present Volta Region of the nation of Ghana is Ho. Do you want Western Togoland to be separated from Ghana? If you want Kofi's citizenship as a Ghanaian to be revoked and deported back to Western Togoland, then say so. One of these blessed days, the oppressed people of Trans-Volta-Togoland (TVT) will be FREE. Thank God Almighty, we will be FREE at Last. Spirit of Prophecy. TVT will be lifting a huge burden off of the nation of Ghana. Well over 13 million people would become independent of the nation of Ghana. The rest of the Ghanaians would become manageable by the Ghanaian Governments. What do you think of the proposition? Respond.
so to the NDC it is not possible to implement anything yet they will eventually go around asking for their share of the benefits derived theron. Nationl Health Insurance, free SHS,ROPAA,1V1D etc.This party must realise that Ghana must move forward, NDC asserts that FRee SHS must be extended to all students now that voting right is to be accorded to all Ghanaians they are questioning. We are fed up with your actions.
Funny Funny Funny Funny
the NDC is stealing the elections held right under our noses, let alone abroad. we are not serious. we have huge financial challenges in the administration of elections within the country. how can we allow persons not in the country to elect presidents for us. if there are funds, i would not bothered but the coffers are empty. in any case the NDC would us it to steal massively with the connivance of the commissioners. did i hear the commission saying that her deputy was transferring vote illegally? we need to be careful.
So called Kwame Abu Dhabi, who cares about you an ndc decision. Are they not Ghanaians? Even you call yourself a Ghanaian how much more they. You want us to pay tax? What kind of tax you talking about and do you pay tax? Do you know how much we send to Ghana every month and year? I wish these foreigners in Ghana who call themselves Ghanaians are sent away, look at his Togolese Kofi Adams telling us he has the right to vote in Ghana but he is going to challenge the court why they have allowed real blooded Ghanaians to vote! Aah aaah,aah Awurade Nyankopon! What is going on in our country? For a foreigner to ask of the authenticity of Ghanaians voting abroad. Kofi Adams whether you people like it or not it will come on life. The citizenship of Kofi Adams must be revoked he wasn't born in Ghana so not a Ghanaian, a Ghanaian in default by the ndc. Ndc will never come back to power, this guy who couldn't convince Ghanaians to vote for the ndc because he is not a Ghanaian but was giving a campaign manager's position and sent them to perpetual opposition think he is somebody in Ghana. We the good people of Ghana will show you Kofi Adams that you are not part of us, that power which ndc gave you people to show arrogance and impunity with insults has been taking away from you people by the people of Ghana forever. You will see your real size from 2020 going. Ndc think Ghanaians are playing with them, ndc died the day Prof. Mills died and nobody knew what killed him till date.
I do support the implementation, however my suggestion is that the Legislative Instrument (L.I.) should be crafted in a way for "only Ghanaians who pay taxes" eligible to vote. To me, I cannot reconcile how a non-tax-payer (abroad) determines who becomes a government
We are not surprised! What 'GOOD' thing that NPP brings to Ghana that has not been OPPOSED by NDC? Mention example as the NHIS, FREE SHS?
When UK, USA, and the other western countries are voting do you see their various political parties campaigning in GHana? Oh NDC! You are is so incompetent, it's alarming!
What is ndc's fear this time? Very irritating bunch of m0nkeys !!!
Kwasiaa...gyimifuooo