Whilst many
people especially the supporters of the ruling National Democratic Congress saw
the just ended 2012 election petition hearing as a waste of time, others have
described the move as one that could set a precedence to further strengthen democracy
in Africa. It also provided the opportunity to test the provisions set forth by
the 1992 constitution as well as the laws of the electoral commission of Ghana
Article 64 clause 1 of the 1992 states that ‘The validity of the election of
the President may be challenged only by a citizen of Ghana who may present a
petition for the purpose to the Supreme Court within twenty-one days after the
declaration of the result of the election in respect of which the petition is presented.
‘This is the first time in Ghana and as we have seen in Nigeria and a few other
parts of Africa, where a party having lost an election decided to use the
judicial system to contest the results. It was good for the existence and strengthening
of democracy in Africa and the other parts of the world because it gives fair
hearing to the petitioners as well as the respondents whilst preserving the
peace and stability in the country. It also exposes the flaws that may be
contained in a country’s electoral system both in laws and operations, which
was evident in the just ended election petition hearing. The action by the petitioners
must be commended and others must be encouraged to follow instead of resorting
to the use of violence in resolving election disputes. Through the election petition,
a new maxim has been developed for the rule of law in Ghana, namely ‘do not
take it to the streets, take it to the courts.’
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