‘Judiciary Committed To Ghana’s Democratic Evolution’

Chief Justice Gertrude Torkornoo with the three volumes of the 5th edition of the manual

 

Chief Justice, Getrude Sackey Torkornoo, has expressed the Judiciary’s readiness and commitment to the evolution of Ghana’s democracy as the nation prepares for the December 7 general election.

To this end, she has called for adequate support for the Judiciary to focus on law, rights, and the frameworks to give access to justice no matter the level of potential conflict and misunderstanding that is generated by the contesting parties.

According to her, Ghana’s democracy, like all others, hinges on the consent of the governed, hence for the nation to thrive and endure, it is important that it believes in essential fairness of the electoral process, and institutions of democracy.

“The obligation to build systems to protect the fundamental freedoms and human rights of citizens lies on all arms of government,” The Chief Justice indicated at the launch of the 5^th edition of the ‘Manual for Election Adjudication in Ghana.’

The Manual which was first published in 2008 is published every election year to provide an indispensable guide in the adjudication of electoral disputes in the country.

The 5^th edition, like the previous editions contains all the requisite constitutional provisions on the conduct of both presidential and parliamentary elections, including statutory and subsidiary legislations as well as relevant and special procedural rules on the conduct of these elections.

Unlike its predecessors, this edition has been published in three volumes with volume one focusing on constitutional provisions on the right to vote, among others; volume two on a compendium of laws while volumes three deals with a digest of cases.

Justice Torkornoo in an address indicated that in very cycle of Republican status, and within this sustained 4^th Republic, the Judiciary has been called on, time and again, to perform the solemn duty of refereeing election related disputes.

She acknowledged that while not everyone would agree with all decisions, “a simple review of the law reports will show that this work of the Judiciary has produced distinctive and firm principles that have provided firm foundations for preserving the sanctity of democracy.”

She expressed worry about the decision to close courts in some regions of the country due to renewed conflicts, noting that, “no one can benefit from such situations” and called for concerted efforts to “ensure the preservation of the national fabric that the Constitution has put together for us.”

She urged stakeholders in the election process to make good use of the manual, stating that nothing can be taken for granted in court work.

“Not only is procedure critical, but a failure to provide the legal threshold of evidence can be costly. Starting an action in the wrong court can lead to loss of an otherwise perfect case. This is why I crave that strong attention is paid to the teachings, learnings in the material freely given in this manual.”

Justice of the Supreme Court and Chairman of the Election Management Committee, Paul Baffoe-Bonnie, which produced the 5^th edition, was hopeful that the manual will serve the purpose for which it has been published, “and our nation’s democracy will be enhanced once again after the December 7 general election.”

BY Gibril Abdul Razak

 

 

 

 

 

 

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