The Judgement, The Agitation & The Misinterpretation

No ID cards. And noo Birth Certificates will be allowed in the upcoming voter’s registration exercise, Supreme Court has ruled.

Both documents had been a. bone of contention between the opposition National Democratic Congress (NDC) and the Electoral Commission (EC).

The former had prayed the apex court to include the said documents if the exercise was to be carried out as planned. In contrast, the EC sought for their exclusion.

Without a doubt, EC' s plan to embark on a new registration exercise had sparked huge political debate amid controversy in recent times. In May this year, NDC determinedly took the case to court, apparently to stop the latter from acting stubbornly if you like.

That's the beauty of democracy, like it or not.

And of course, democracy without free speech or constitutional right will be boring, meaningless and pretty much awful, says this writer. And thank goodness that there's an independent and impartial Judiciary that settles disputes--- no matter how dangerously dangerous they might seem.

The Judgement
On Thursday 25 June 2020 the Supreme Court in a seven-member panel ruled against NDC, regarding its suit that sought to stop the EC to embark on a new voters registration exercise.

What's its significance?
It simply means the Electoral body can go ahead with its exercise, commencing on the 30th of June.

I should add that, the exclusion of the existing voters' ID card and birth certificates by the apex court makes the Social democrats sore losers, in this particular contest. It, however, doesn't rule them out of the battle ahead--- December 2020. The party says it will now participate in the exercise and it's accordingly urging all its supporters to do same so that they don't get disenfranchised.

Misinterpretation
A number of social media users have scorned NDC and its General Secretary Johnson Aseidu Nketia. "General Mosquito is a laughing stock," one user wrote. In the aftermath of the landmark ruling a large crowd of NDC supporters led by Mr Nketia (flanked by some eminent lawyers) jubilated over the ruling. They thought the court had ruled to include the existing voter's ID card and birth certificates. But that turned out to be otherwise. Reality would soon set in as the euphoria was short-lived. Among the mockers is vice president Dr. Bawumia. He took a swipe at the NDC, saying:

“...They should not mislead Ghanaians like their mosquito General tried to do after the verdict of the Supreme Court on Thursday."

Was the ruling ambiguous?
Some political analysts including social commentators have criticised the SC.

They have argued that the language used wasn't concise enough, hence the misinterpretation that characterised it. Professor Gyampo, a political science lecturer at University of Ghana has also described the judgement as a "winner takes all'.'

The Agitation
Since the ruling, the Zu Za party and its sympathisers have expressed disappointment about the Court's judgement in favour of the EC's decision to compile a new voters register.

Why didn't NDC boycott the registration exercise?

A friend asked me the above question. Well, it appears to me that decision is far-fetched. In other words,I that's not among their playing cards. After all, who would consider such a suicidal mission? It must be noted that the NPP boycotted the 1992 first parliamentary elections in the fourth republic.

Mr. Alex Segbefia a leading member of the Umbrella has told journalists that the Thursday's verdict sought to tie the hands of NDC.

How true is that assertion?
“It is unfortunate because technically it has tied the hands of NDC. If you were to go for a review or to question the judgement, you'll need to have the final judgement.and without the final judgement, you will have an EC that has put its own interpretation on what you said. And their interpretation is not what the NDC feels is the correct interpretation.

And he's right, the SC won't make its reasons for the decisions to support the compilation of the new voters register available until June 15, by which period EC might've its ambitious project.

According to him EC pert the green light granted her by the court it will start the exercise on Tuesday.

This means that even if NDC applies for an injunction the party will not get it. “The court said it will give its full complement on the 15th of July. So technically the EC will do a full registration for two weeks before you will ask for clarity or even if what they say is different you would have lost two weeks. Because of that, we cannot allow our people to be left hanging. Although we still pursue and seek clarity, we see a deliberate attempt by the EC to disenfranchise our people in the interim. And we have no guarantee that our interpretation is even what is going to be accepted.

So instead of getting ourselves in the position where our people will be disenfranchised even more, then they will be under the current interpretation of the EC. Our flagbearer has said that our people should go out and register. Not to register will not be in our interest because that is exactly what the whole game plan has been from the onset”, he added.

Former President John Mahama has also weighed into the ruling. He told the media on Thursday that the party is deeply disappointed and disagrees with the Supreme Court’s ruling, noting that it baffles the legal fraternity.

"It is worrying that the Court deferred the reasons for its decisions to July 15, by which time the EC would have been two weeks into the registration exercise.," he said.

The seven-member panel of the SC unanimously decided that EC could proceed with the exercise, scheduled for June 30 to August 6, in line with the Constitution Instrument 126. This means that applicants can only use their Ghana Card or Passport as proof of their identity for their eligibility.

And those without the requisite documents can, however, have two registered voters vouching for them.

How it all began
The NDC, in May, filed a suit praying the Apex Court of the land for an order directed at the EC, to include « all existing voter identification cards duly issued by the Commission as one of the documents serving as proof of identification for registration as a voter for the purposes of public elections ».

The suit was joined by a private citizen, Mark Takyi-Banson, who prayed the court to stop the EC from compiling the register or allow the use of the birth certificate as a proof of identity.

By Gordon Offin-Amaniampong