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Frivolous election petitions should attract punitive sanctions — Afari-Gyan

Source The Ghana Report

Former Electoral Commission (EC) Chairperson, Dr Kwadwo Afari-Gyan, has urged the judiciary to sift through election petitions and introduce sanctions against persons who bring frivolous cases.

According to him, some election petitions are improbable, and the courts should not regard them as a public interest litigation.

Speaking at the Annual General Conference of the Ghana Bar Association in Kumasi, Dr Afari-Gyan emphasized the need to discourage the frivolous filing of election-related legal challenges, characterizing it as potentially detrimental to the courts and the Electoral Commission.

“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.

Dr Afari-Gyan further advised political parties participating in the 2024 December polls to exercise caution when dealing with the pink sheets during and after the elections.

He reiterated the critical role pink sheets play in the electoral process. He urged parties to carefully examine them before considering legal actions against the EC 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.”

As the December 2024 general elections in Ghana draw near, the spotlight intensifies on the impending choice of the country’s next president.

Scheduled for December 7, 2024, the general elections will determine the president and the Members of Parliament.

Incumbent President Nana Akufo-Addo, being term-limited, is ineligible for re-election.

This election carries high stakes as the ruling NPP, led by Vice-President Dr Mahamudu Bawumia, aims to defy the tradition of power alternation between the NPP and the NDC every eight years.

On the other hand, the NDC, under the leadership of former President John Mahama, is making a strong comeback and is determined not to face defeat for the third time after losses in the 2016 and 2020 elections to President Nana Addo Dankwa Akufo-Addo.

Several other presidential candidates have declared their intention to contest the 2024 elections.

They include Dr. Hassan Ayariga, representing the All People’s Congress (APC), Kofi Akpaloo, leader and founder of the Liberal Party of Ghana (LPG), Nana Kwame Bediako, also known as Cheddar representing The New Force Movement, Alan John Kwadwo Kyerematen who is the Leader of the Alliance for Revolutionary Change (ARC), among others.

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