A former Chairperson of the Electoral Commission Dr Kwadwo Afari-Gyan says the judiciary must sift through election petitions and introduce punitive actions against persons who bring frivolous cases.
Dr Kwadwo Afari Gyan described some election petitions as improbable, and the courts should be able to determine which ones have no chance of success.
Addressing the Ghana Bar Association (GBA) Conference in Kumasi on Tuesday, September 10, the former EC chair explained that some baseless election petitions have the potential to damage the reputations of the courts and the Electoral Commission.
“I sincerely think that the courts and Electoral Commission must be spared in an improbable election petition. Not only do they needlessly waste time but they can also cause undeserved injury to the reputation of a judge or EC, in the minds of supporters of some party candidates irrespective of the verdict.
“Because of this ability to cause undeserved damage, I am suggesting that instead of regarding every election petition a public interest litigation, improbable petitions should attract punitive sanctions,” he said
Dr Afari-Gyan also urged political parties participating in the December 7 elections to exercise caution when dealing with the “pink sheets” during and after the polls.
He emphasized the critical role pink sheets play in the electoral process and urged parties to carefully examine them before considering legal actions against the Electoral Commission after the results are declared.
“The pink sheets are the most important document for reconstructing election results. We say elections are won or lost at the polling stations – those pink sheets duly executed are the source document for reconstructing election results.”
Additionally, Dr Afari Gyan warned the courts against allowing itself to be captured by politicians.
According to him, the political class knows that one of the surest ways to capture the political terrain is to capture the judiciary.
“They know that the judiciary is the most powerful institution in the land and they also know that if you want to dominate the people, you must first capture the judiciary. But state capture is harmful to democracy….”
