Court dismisses NDC suit over reopening of voters’ register

An Accra high court has dismissed a suit by the National Democratic Congress (NDC) challenging the decision by the Electoral Commission of Ghana (EC) to reopen the voters’ register for one day on 1 October 2020.

The court’s ruling said the NDC should have filed the suit on notice so that the EC could have been served.

A statement from the Electoral Commission reminded the public about the one-day voters’ registration exercise.

“As previously advertised, the Electoral Commission will undertake a One Day Voters’ Registration Exercise tomorrow, Thursday 1 October 2020, in all its district offices across the country,” the EC said.

“The registration exercise will afford eligible citizens who could not register in the just-ended exercise the opportunity to do so. Eligible citizens who take advantage of this exercise will be able to vote in the December 2020 general election,” the EC’s notice said.

NDC’s suit

In the NDC’s suit, the party wanted the court to grant an injunction on the EC, restraining it from reopening the register without first gazetting it.

The party also wanted the court to order the EC to comply with the Public Elections (Registration of Voters) Regulations, 2016 (CI 91) for the intended registration exercise.

In its suit the NDC said it decided to challenge the registration exercise because the Electoral Commission did not publish a 21-day notice of the planned exercise in the Government Gazette in accordance with the law governing elections in Ghana.

The party said it was seeking from the court “a declaration that the Electoral Commission has acted ultra vires in its attempt to reopen and/or conduct registration of voters scheduled for Thursday 1 October 2020 when the Electoral Commission has not caused to be published in the Gazette, twenty-one (21) days’ notice of this voters’ registration to the political parties and the general public”.

In the writ, which named the Electoral Commission and the Attorney General as first and second respondents respectively, the NDC argued that the EC had acted beyond its powers in attempting to reopen the voters’ register so that those who could not register in the main exercise could do so.

The EC announced on 24 September that it would reopen the register for one day to allow eligible voters who could not participate in the mass registration exercise earlier this year because the country closed its borders.

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