The Institute for Liberty and Policy Innovation (ILAPI) has raised red flags over the proposed amendment to the parliamentary election petition timeline.
This comes after the judiciary suggested a reduction of the time limit for submitting parliamentary election petitions to seven days, aiming for a faster process.
Additionally, it proposed that petitions should be filed within seven days after election results are declared, rather than after their publication in the gazette.
The judiciary also recommended repealing or amending C.I. 47, the Civil Procedure law governing such cases, to ensure that matters can be heard within a month.
But ILAPI which is dedicated to removing barriers and sustaining the rule of law for equal and equitable justice has expressed grave concerns regarding the move.
In a statement issued in Accra on Monday, April 15, 2024, Peter Bismark Kwofie, the Executive Director of the institute emphasized the importance of the current 21-day timeline.
“The current 21-day timeline for parliamentary election petitions in Ghana has been a crucial safeguard, ensuring that candidates and citizens alike have adequate time to gather evidence, prepare their cases, and seek justice through the judicial system. This timeline is in line with international best practices and has been adopted by other democratic nations, such as the United Kingdom, Nigeria, and Uganda among others.”
The statement also added that reducing the timeline will deny people the right to a fair hearing.
“The proposed reduction to 7 days, however, would create an untenable situation, placing an undue burden on petitioners and effectively denying them their right to a fair and thorough hearing. This timeline would be too short for the gathering of evidence, the preparation of legal arguments, and the proper presentation of the case before the courts. It would, in essence, render the election petition process a mere formality, undermining the very foundations of democracy and the principles of natural justice.”
Moreover, Kwofie pointed out the disproportionate impact such a shortened timeline would have on smaller political parties and independent candidates.
“Furthermore, the 7-day timeline would disproportionately affect smaller political parties and independent candidates, who often lack the resources and infrastructure of larger, well-established parties. This, in turn, would perpetuate the dominance of the political elite and stifle the emergence of new voices and perspectives in the Ghanaian political landscape.”
The institute warned of dire consequences should the proposed amendment be implemented.
“The consequences of such a hasty and risky amendment cannot be undermined. It would erode public trust in the electoral process as citizens would perceive the system as rigged and biased against those who seek to challenge the status quo. This in turn could lead to increased political instability, social unrest, lack of trust in the judicial system, and the deterioration of Ghana’s hard-won democratic credentials.”
In light of these concerns, the institute urged the Judiciary Election Committee, stakeholders, and the Ghanaian government to reconsider the proposal. They advocated for maintaining the current 21-day timeline or considering a fair and reasonable period of 14 days for parliamentary election petitions.
“We, therefore, urge the Judiciary Election Committee, stakeholders, and the Ghanaian government to reconsider this proposal and maintain the current 21-day or consider a fair and reasonable period of 14 days petition timeline for parliamentary election petitions. This timeline has served and will continue to serve the nation well and is in line with the principles of fairness, transparency, and the protection of fundamental rights enshrined in the Ghanaian Constitution.”
As a policy institute and concerned citizens, they expressed their readiness to engage in constructive dialogue and provide expertise to ensure that Ghana’s electoral system remains robust, inclusive, and true to its democratic ideals.
