High Court Judge Condemns Electoral Commission in SALL Election Petition Case

In a dramatic turn of events during the SALL election petition hearing, His Lordship Justice Owoahene Acheampong strongly condemned the Electoral Commission for what he described as their “lackadaisical attitude” in handling the case. The High Court Judge expressed his discontent over the Commission’s failure to comply with court orders issued in February, directing them to file additional issues and attend the court session to present their defense.

The Judge’s rebuke came as the Electoral Commission, designated as the 1st Respondent, neither adhered to the court’s previous directives nor appeared in court. Consequently, Justice Acheampong mandated that a hearing notice be served to both the Director of Operations of the Electoral Commission in Accra and their legal representative to ensure their presence at the next court sitting.

In response to the Commission’s non-compliance, the court has scheduled specific procedural requirements and set new dates for the case. The parties involved are required to file their witness statements and any relevant documents within ten days from May 21, 2024. Furthermore, the court ordered the Electoral Commission to submit authentic copies of C.I. 119 and C.I. 128, along with the list of voters registered in the SALL traditional areas, within the same timeframe.

The case management session is adjourned to June 3, 2024, with hearings slated for June 11, 20, and 21, 2024. The issues set down for trial include critical questions regarding the legality of amendments to parliamentary constituencies and the realignment of municipal boundaries, as well as the validity of the Hohoe Constituency Parliamentary election results in December 2020.

Key Issues for Trial

1. Validity of Amendments to Constituency Instruments: Whether the Representation of the People (Parliamentary Constituencies) Instrument, 2016, C.I. 95, was validly amended by the Representation of the People (Parliamentary Constituencies) Instrument, 2020, C.I. 128, for the December 2020 elections.

2. Inclusion of SALL Traditional Areas in Oti Region: Whether C.I. 112 lawfully incorporated Santrokofi, Akpafu, Likpe, and Lolobi (SALL) Traditional Areas into the Oti Region.

3. Boundary Realignment of Hohoe Municipality: Whether C.I. 119, issued by the Electoral Commission, lawfully realigned the boundaries of the Hohoe Municipality as established by the Local Government (Hohoe Municipal Assembly) (Establishment) Instrument, 2012, L.I. 2151.

4. Validity of Hohoe Constituency Election Results: Whether the non-participation of voters in the SALL Traditional Areas in the Hohoe Constituency Parliamentary election on December 7, 2020, invalidates the gazetting of the 2nd Respondent as the duly elected Member of Parliament for the Hohoe Constituency.

As the case progresses, all eyes are on the Electoral Commission and their next moves. The court’s insistence on adherence to procedural rules underscores the importance of accountability and transparency in electoral processes.