C.I. 126: Supreme Court can declare parliament's decision 'unconstitutional' - Kweku Baako

An interesting scenario awaits the nation in the wake of Parliament passing the Constitutional Instrument (C.I. 126).

This is because the Supreme Court could effectively nullify that decision as it prepares to rule on a case filed by the opposition National Democratic Congress (NDC) on Thursday.

Speaking to this on Peace FMs morning show 'Kokrokoo', the Editor-in-Chief of the New Crusading Guide newspaper, Kweku Baako said even though Parliament has passed the C.I, the apex court can quash it.

According to him, the "SC can declare Parliament's decision as unconstitutional".

The National Democratic Congress has sued the Electoral Commission (EC) over its decision to compile a new voters' register.

The NDC is seeking a “declaration that upon a true and proper interpretation of Article 45(a) of the 1992 Constitution, 2nd Defendant has the constitutional power to, and can, compile a register of voters only once, and thereafter revise it periodically, as may be determined by law.

“Accordingly, 2nd Defendant can only revise the existing register of voters, and lacks the power to prepare a fresh register of voters, for the conduct of the December 2020 Presidential and Parliamentary Elections.”

Parlament Passes C.I. 126

Parliament by a majority decision, 106 - 92 has approved the recommendation of the Subsidiary Legislation Committee to adopt its report on the Constitutional Instrument (C.I. 126).

This CI gives legal backing to the Electoral Commission’s (EC) plans to compile a new voter’s register.

The C.I. 126, which makes the Ghana Card and the Ghanaian passport the only legal identification documents for registering people in the new biometric voters' register.

Compilation of new register

The Electoral Commission has scheduled June 30, 2020, to begin the compilation of the new voters' register.

A letter sighted by Peacefmonline and signed by the Deputy Chairman, Corporate Services, Dr. Bossman E. Asare to the ruling New Patriotic Party (NPP) said "This letter comes to inform you that the 2020 Voters Registration Exercise has been scheduled to commence on Tuesday, the 30th of June, 2020. The registration will be held at all Registration Centres and District Offices of the Electoral Commission throughout the country."

Meanwhile, the Supreme Court is yet to decide on the case

Listen to him in the video below