FlashBack: 42 days’ timeline to adjudicate possible 2020 election petition was not set by judiciary – Yoni Kulendi

A justice of the Supreme Court Emmanuel Yonny Kulendi has said the 42 days to hear disputes from the 2020 election petition by the supreme court was not set by the judiciary.

According to the justice, it was set by the law.

The apex court spent some nine months to arbitrate the election petition in 2012.

However, any election-related dispute that may arise from the 2020 elections will be adjudicated within 42 days, according to a new directive the justices will be working with.

Justice Yonny Kulendi stated that “It is set by law. It is an amendment to the existing legislation that makes that provision and indeed, the law attaches a schedule and the schedule sets out timelines within which the various processes that will culminate in a hearing.”

He added “The timelines provided in the legislative instrument are consistent with the timelines by law including the constitution.

Read Read the full story originally published on November 29, 2020, on GhanaWeb

A justice of the Supreme Court Emmanuel Yonny Kulendi has said a new directive to the justices of the apex court to hear any election dispute that may arise from the 2020 elections within 42 days was not the making of the judiciary.

He explained that it was set by the law.

In the last election petition hearing after the 2012 polls, it took the highest court of the land some nine months to arbitrate the petition.

However, any election-related dispute that may arise from the 2020 elections will be adjudicated within 42 days, according to a new directive the justices will be working with.

Asked whether the justices are not snowballing the wheel of justice with this directive while speaking in an interview with TV3’s Thomas Adotei Pappoe, Justice Yonny Kulendi said “That is not the case. With our experiences in the last election petition, parliament by law has set timelines for the resolution for future presidential election disputes and so that timeline of 42 days within which any presidential election disputes ought to be resolved was not set by the judiciary.

“It is set by law. It is an amendment to the existing legislation that makes that provision and indeed, the law attaches a schedule and the schedule sets out timelines within which the various processes that will culminate in a hearing.”

He added “The timelines provided in the legislative instrument are consistent with the timelines by law including the constitution.

“The purpose of this review is to update it and reflect all the amendment to the law and the new laws that have been passed.”

He further explained that the Chief Justice places a high premium on elections in Ghana because they form an important aspect of Ghana’s democracy.

“It is processed by which we exercise our franchise and invest in a selected group of people or invest in one man all executive powers of the republic.

“It has always been the case. And that seriousness and that priority that the judiciary attaches to election-related disputes and their adjudication is a front-burner issue for his Lordship the Chief Justice and the entire judiciary at the moment.”