In a sense an election petition can be described as sui generis. Inquiry commission concludes proceedings, reserves verdict by hasnat malik published. The 9member panel of supreme court of ghana, who sat on the justended presidential election petition of 28th december 2012, has by unanimous decision ruled that the incumbent president john dramani mahama of the ruling national democratic congress ndc, was validly elected and declared president of the republic of ghana in the presidential poll of 7th and 8th december 2012. The court of disputed returns presided by justice collin makail, dismissed the motion filed by the lawyer representing taripori mp james marape against. Judges njoki ndungu and jackton ojwang dissent in ruling on presidential election petition by miriam musyoki on 1 september 2017 4.
The judges thereafter retreated to deliberate on the following issues for determination as crafted by the court. The supreme court has released the full judgement on the 2012 presidential election petition, four days after leaving the public in suspense. The publication of the 2012 election results experienced some delay due to the election petition case which was novel in ghanas constitutional and democratic practice. Aug 29, 20 the supreme court has dismissed the petition which challenged the validity of the elections in which president john mahama was declared as president of ghana. Akufoaddo and others v mahama and another ruling j831. Apr 16, 20 95 counsel for the 3rd respondent invoked the ugandan case of v. Election petitions referral of questions of law to the court of appeal rule 22 of the house of assembly election petition rules, cap 1. Raila odinga on 16th march, 20 against the iebc as the 1st respondent, mr. The election court is established following the presentation, to the high court or court of session, of an election petition challenging the result of the election. Ghanas 2012 presidential election petition and its aftermath can be. It is important that the election petition is free, and seen to be free, from national party political interests but instead representative of the entire electorate of tower hamlets. Nullify 2016 presidential general election results. Where more election petitions than one are presented to the court in respect of the same election, the court may, in its discretion, try them separately or in one or more groups.
Pm narendra modis preeminence emphasised yet again. So, before the declaration of the election petition verdict by the nine justices, i felt that the call by national media commission and other civil societies for media houses to avoid or suppress. Aug 18, 2017 supreme court to announce presidential petition verdict on september 1 by vincent kejitan on 18 august 2017 12. An election petition for the taripori open seat will proceed to a pretrial conference on oct 16 after a court dismissed a motion in relation to the nonservice of the petition last thursday. When a petition is lodged against an election return, there are 4 possible outcomes. That because of what i have stated hereinabove the presidential election of 2016 was not free or fair and the 1st respondent committed several illegal practices hence it is in the interest of justice that the presidential election 2016 be annulled. Post 2012 presidential election petition reflections part 2.
Ghanas 2012 election petition and its outcome longdom. This petition calls for the nullification of the 2016 presidential election due to the very high possibility the trump campaign colluded with the russian government to tamper with election results. A similar restriction placed by subsection 7 of section 285 of. The government on april 14 refiled a motion asking the court to throw out the petitions, in which the ndp is asking the court to declare it the winner of the central leeward and north windward constituencies or order fresh elections in those districts. I cant wait for the final verdict of election petition okudzeto ablakwa 20814 sc judges should focus on the election petition npp man 20814 sir john, adoryes day in court. This petition requests the scotus to nullify the 2016 election. Section 5 of the presidential election act, 1992 pndcl 285. They are overseen by a rota of high court in england and wales or court of session in scotland judges.
Two judges miss final ruling on nasa election petition. Read justice atugubas judgement on the election petition. The petition was anchored on the grounds that the conduct of the 2017 presidential election violated the principles of a free and fair election as well as the electoral process set out in the constitution, electoral laws and regulations and that the respondents committed errors in the voting, counting and tabulation of results. Museveni and supreme court constitutional appeal no. An order of the court dismissing an election petition under, this subsection shall be deemed to be an order made under clause a of section 100. The supreme court judgement on the presidential petitions. There were four and three consistent judges who voted against and for the. Download pdfprint articleon september 1, 2017, kenya made history as the first african nation and the third in recent world history to abrogate its presidential election result.
Supreme court issues detailed verdict of election act case. Two supreme court judges were absent when the final ruling on the presidential election petition was delivered on wednesday. The ghana supreme court settles on mahamas presidency. How the supreme court judges ruled in the election petition graphic online graphic business. Subhash chandra agrawal filed a petition in the apex court on 19th may 2015. An election petition refers to the procedure for challenging the result of a parliamentary election. Powers of high court to entertain election petitions. Sep 02, 2017 determination of petition without reasons pursuant to rule 231 of the supreme court presidential election rules 2017 1 the hearing of this petition was concluded on tuesday, 29th august. Apr 28, 2016 the government on april 14 refiled a motion asking the court to throw out the petitions, in which the ndp is asking the court to declare it the winner of the central leeward and north windward constituencies or order fresh elections in those districts. They are overseen by a rota of high court in england and wales or court of session in scotland judges the election court is established following the presentation, to the high court or court of session, of an election petition challenging the result of the election. Where more election petitions than one are presented to the court in respect of the same election, the court may, in its discretion, try.
Final address by counsel for 3rd respondent tsatsu tsikata 2012. It is not a writ, or originating summons, nor is it in any way close to say a petition in bankruptcy or a petition for divorce which respectively have their own rules of procedure. Sep 18, 2017 an election petition for the taripori open seat will proceed to a pretrial conference on oct 16 after a court dismissed a motion in relation to the nonservice of the petition last thursday. Election petition how the president recieved the verdict. Election petition verdict ghana must pass this hurdle the foundation for security and development in. Aug 14, 20 regulation 69 c 4 of the supreme court amendment rules, 2012, ci 74 indicates that judgement should be delivered in a presidential election petition 15 days after the close of the case. Read full judgment on election petition case ghanaweb. In re petition regarding 2010 gubernatorial election.
Supreme court releases full judgment on 2012 presidential election petition. Election courts are governed by the representation of the people act 1983. Election petition to proceed to pretrial the national. Your signature supports action by the supreme court on a writ of mandamus submitted on jan. Other than the usual seriousness attached to political activities in africa, ghanas 2012 election. That i swear this supplementary affidavit in support of my petition filed herein. After the individual signs the roster, an election judge gives the voter a voters receipt. The 2012 election petition hearing at the ghana supreme court today heard the final addresses of the counsels ahead the judgement. The results especially bjps grand win in tripura, show that his appeal and the promise of. Election 2012 supreme court petition verdict ghana.
Judge to correct election petitions ruling iwitness news. Ahmed isheque it was held by the supreme court that art 329b prohibited only the initiation of proceedings, questioning an election, in any other manner other than by an election petition and once that proceeding was initiated by filing an election petition, the requirement of art 329b was met and thereafter the trial of the petition by. The foundation for security and development in africa fosda re. Supreme court to announce presidential petition verdict on. The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid. Burden of proof in election petitions sahara reporters. On march 6, 2008, the county board of elections certified the petition for referendum after validating what it determined to be sufficient signatures, albeit after having omitted inactive voters from the list of registered voters. The second option will happen if the judges find the election was done in accordance with the constitution and dismiss nasas petition. Kenya supreme court ruling on presidential election. The judiciary of trinidad and tobago provides an accountable court system in which timeliness and efficiency are the hallmarks, while still protecting integrity, fairness, equality and accessibility and attracting public trust and confidence.
In determining the constitutionality of a legislation, its purpose and effect must be taken into consideration. Prior to 1966 election petitions were presented to the election commission, which would constitute onemember election tribunals of the rank of district judge, on an ad hoc basis for the trial of election petitions. Pdf social media and ghanas 2012 election petitiona discussion. Dec 14, 2008 burden of proof in election petitions the time is no more when disputes are dealt with rather on technicalities and not on merit per kayode eso jsc in the case of chinwendu vs. Determination of petition without reasons pursuant to rule 231 of the supreme court presidential election rules 2017 1 the hearing of this petition was concluded on tuesday, 29th august. Regulation 69 c 4 of the supreme court amendment rules, 2012, ci 74 indicates that judgement should be delivered in a presidential election petition 15 days after the close of the case. The result is quashed and a writ is issued for a new election.
Nov 28, 2011 6 an election tribunal shall deliver its judgement in writing within 180 days from the date of the filing of the petition. Why two judges failed to attend supreme court final verdict. Election law article, maryland code 2003, 2007 supp. The petition was filed at the supreme court of kenya on 16 march 20. Post 2012 presidential election petition reflections part. In a 588paged judgement, the court by a 54 majority decision justified why president mahama was validly elected.
Indeed, the supreme courts bold and groundbreaking decision to nullify the results of the august presidential election was a significant step forward for the meaning of electoral integrity. Election 2012 supreme court petition verdict ghana information. The supreme court has dismissed the petition which challenged the validity of the elections in which president john mahama was declared as president of ghana. Newton arori an election once held, is not to be treated in a lighthearted manner, and defeated candidates or disgruntled electors should not get away with it by filing election petitions on unsubstantial grounds and irresponsible evidence, thereby introducing serious elements of uncertainty on the verdict already tendered by the electorate. The 2016 election was the most divisive and hateful election this country has ever seen. An election petition is quite unlike any of the initiating proceedings in the high court. How the supreme court judges ruled in the election petition. The written judgments of all the nine justices who heard the election petition case were released on tuesday, september 3, 20, five days after the petition was dismissed by a majority decision. How the flagstaff house received election petition verdict 31. Judges njoki ndungu and jackton ojwang dissent in ruling. Urging the supreme court to declare all the national and regional political parties as public authorities and bring them within the ambit of the right to information rti act, the association for democratic reforms adr and rti activist mr.
This petition calls for the nullification of the 2016 presidential election due to the very high possibility the trump campaign colluded with. Social media influenced ghanas 2012 election petition hearings as expected of any social phenomenon, social media threads had some influences on the 2012 election petition hearings, primary of which was the creation of an informed and educated. Presidential petition was initially filed at the supreme court registry. The prize is much, much, bigger than narrow party advantage. Mahama was the validly elected president of ghana and winner of the 2012 presidential elections. Election petition verdict ghana must pass this hurdle the foundation for security and development in africa fosda has. The supreme court of pakistan has issued detailed verdict in petitions against election act 2017 that removed nawaz sharif as head of the pakistan muslim leaguenawaz. The voter gives the receipt to the election judge in charge of ballots and receives a ballot in exchange.
Presidential election annulled for failing to conform with the constitution and the elections act. Judgements and pils association for democratic reforms. Determination of petition without reasons pursuant to rule 231 of the supreme court presidential election rules 2017 1 the hearing of this petition was concluded on tuesday, 29th august 2017 well after 9. Supreme court to announce presidential petition verdict on september 1 by vincent kejitan on 18 august 2017 12.
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