Thursday, September 4, 2008

High Courts to deal with electoral disputes

THE Chief Justice, Mrs Georgina Theodora Wood, has announced that automated high courts have been designated across the country to deal exclusively with electoral disputes.
She, however, pointed out that these courts would not be permanent because elections were not daily affairs but were held periodically.
She also said that judges assigned to these courts would be idle for most part of their time if the courts were made permanent.
Mrs Wood made the announcement at a Peace and Anti-Violence Forum for Election 2008.
She said for a start Supervising High Court judges and one other high court would be on standby in all the regional capitals to deal with electoral disputes but added that in Accra three more courts would also be designated for the purpose.
Mrs Wood was speaking in Accra yesterday on the theme “The courts and Election 2008: Towards Peace and Stability”. The forum was organised by the Institute for Democratic Governance (IDEG).
She said to ensure speedy resolution of disputes, all electoral cases would be heard on a day-to-day basis and when necessary, she would “use the necessary legal authority for judges to sit on Saturdays” as well as extend the working hours from 3 p.m., with three additional hours.
She said she took the decision because unlike other matters, electoral disputes were matters of extreme public importance which could affect not only the disputants but the entire nation.
Mrs Wood said since disputes were the inevitable by-product of any keen contest over limited resources as well as contest over political power, an impartial, trustworthy and credible judiciary was needed to offer room for persons who might perceive that the electoral process had been abused.
The Chief Justice said judicial independence was not only restricted to freedom from executive interference, but freedom from legislative or opposition interference, adding that “It is both sides of the political divide; the opposition, not only the government of the day that must leave the judiciary free to do its work.
She appealed to Ghanaians to spare the judiciary the pressures, threats, mistrust, insults and other derogatory remarks, and pledged that “On my part I will do all that is humanly possible to take such genuine steps that would ensure fairness and transparency in the resolution of electoral disputes”.
She announced that a small group of judges had been tasked to prepare a crisp and easy-to-read handbook on election disputes adjudication to assist lawyers, judges and other stakeholders to facilitate their effective participation in the adjudication process.
Mrs Wood added that judges for such designated courts would be offered training to build their capacity to deal with such electoral matters.
She advised that for the courts to be effective to achieve their objectives, disputants and their attorneys must co-operate fully with judges and be present at courts, fully prepared on all hearing days, to keep the process going.
She urged disputants to also demand answers to issues and hold their attorneys accountable for all lapses in the professional services offered to them by their lawyers.
The President of the Ghana Bar Association, Nii Osa Mills, said the association had also initiated moves to educate its members on electoral laws as part of their contribution towards achieving a peaceful and credible elections.
A Deputy Chairman of the National Commission for Civic Education (NCCE), Mrs Augustina Akumanyi, said the commission would educate the electorate on the avenues established by the Chief Justice to ventilate their concerns rather than resorting to violence when they felt abused or cheated.

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