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US-based Ghanaians drag EC to court over ROPAA
According to them, the non-implementation of the law is a breach of their fundamental human rights under the laws of Ghana; particularly Articles 17(2), 42 and 33(5) of the 1992 constitution.
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They have therefore prayed the court to direct the election management body to ensure compliance with Act 699.
Among the other reliefs being sought, the plaintiffs are seeking “a declaration that each of the applicants’ ‘right to vote and entitlement to be registered as a voter for the purposes of public elections and referenda’ in light of the Act 699 and said various and legal instruments is not subject to any condition precedent aside the article 42 citizenship, age, and sanity of mind criteria.”
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They also want a declaration that “it is discriminatory for respondents, [particularly the Electoral Commission] to continue to register abroad and ensure that a category of citizens studying abroad or working in Ghana’s Missions/Embassies abroad vote in public elections and referenda while living abroad to the exclusion of the applicants.”
The applicants had earlier filed a similar lawsuit in April 2016 but withdrew it after the EC filed its affidavit in opposition.
They also decided to withdraw the lawsuit because the EC attached certain documents which indicated a clear road-map for the effective implementation of Act 699.
Article 42 of Ghana’s 1992 Constitution states: “Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda.”
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