The Supreme Court Showed Its Timidity In The Mornah Case
Written by Asare “Gabby” Otchere-Darko
02 May 2013
It appears whiles freedom fighters like Aung San Suu Kyi are calling for the judiciary, as an institution, to be “strengthened and released from political interference”, our courts in Ghana find it ok to park the wheels of justice on the compounds of the legislature, expecting to be towed out of there at the pleasure of the executive.
If ever there was a farcical case that the Supreme Court was ever called upon to exercise its constitutional powers in order to assert the independence of the judiciary in line with the doctrine of the separation of powers, and stay off any undue reach of the hands of the other two arms of government to frustrate the administration of justice, then the Bernard Mornah case was it.
On two definitions of over-voting and ballot accounting
Written by J. Atsu Amegashie
23 April 2013
In challenging the validity of President John Mahama's election, the NPP has leveled five main allegations of electoral malpractices and irregularities against the Electoral Commission of Ghana (hereafter EC). One of these allegations is over-voting.
There are two definitions of over-voting in elections. Over-voting occurs when (a) the number of votes cast exceeds the number of registered voters (call this the first definition), and/or (b) the number of votes cast exceeds the number of ballots issued to voters (call this the second definition).
These are definitions of the incidence or occurrence of over-voting. It appears that the NDC believes that the first definition is the only valid definition of over-voting. For example, the General-Secretary of the NDC, Mr. Johnson Asiedu Nketia, in his affidavit observed that: Full Document
Verdict on Kenya’s presidential election petition: Five reasons the judgment fails the legal test
Written by theeastafrican.co.ke
22 April 2013
In Summary
This article offers five reasons for this conclusion:
- Supreme Court’s reliance on backward looking, mean-spirited, cramped Nigerian precedent.
- Tolerant and uncritical acceptance of the IEBC’s explanations on the voter registers.
- Lack of clarity about IEBC’s duty to ensure that final results could be verified against provisional results.
- The Court’s use of subsidiary legislation to limit the meaning of “votes cast,” an unambiguous phrase in the Constitution.
- The evidential foreclosure that the Court imposes on itself by taking judicial notice of technology failures instead of treating IEBC as spurious.
Sadly, as the saying is, in this judgment, the Supreme Court has only given us reasons that sound good, not good, sound reasons. Read More >>>
Supreme Court Will Not Tolerate Cross-Examination Method Of Tony Lithur
Written by danquahinstitute.org
19 April 2013
The President of the presidential election petition panel, William Atuguba JSC, has directed that the court will no longer accept the cross examination method of Tony Lithur, lawyer for John Mahama, stating emphatically that Mr Lithur should list all the pinksheets he has issues with and say their effect on the numbers and this must be done "forthwith" before Monday.
A letter dated 19th April 2013, titled “The mode of continuation of cross-examination of 2nd Petitioner on pink sheets” and signed by Justice William Atuguba, himself, was sent to all parties by in the Supreme Court case, where the petitioners are challenging the outcome of the 2012 elections.
More Articles...
- Petitioners Prove No Double Counting In Analysis, Releases Full List Of 11,138 Polling Stations Under Contention
- Evidence Of Malpractices, Violations And Irregularities In The 2012 Presidential Election
- LIST OF POLLING STATIONS IN CONTENTION
- Supreme Court Judgment on The Presidential Petition
- Supreme Court Battle between Nana & Mahama begins today
- What Our Politicians Can Learn From Thatcher: The Politics Of Conviction Not Indecision
- IMF Concludes Article IV Consultation Mission to Ghana
- Petitioners Accuse EC Of Forging List Of Foreign Voters
The Danquah Letters
Resources
Budget Statement 2011
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Repayment Schedule for STX Loan
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The Revised STX Agreement (Relevant Pages)
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GoG, HFC, STX Joint Venture Agreement
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Ghana's GDP Revised
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BoG - Annual Percentage Rages (May 2010)
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STX - Off-Taker Agreement
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STX - Memorandum of Understanding
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STX - Executive Approval
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GoG STX Housing
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Overview of GoG STX Housing Agreement
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Right to Information Bill
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Right ot Information Bill - Momorandum
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Regina Vs Mabey & Johnson
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Databank - Ghana's Economic Update (March 2010)
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Asian Perspectives on Governance
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