Judges Address Loopholes in Electoral Disputes

Superior Court judges in the country held a two-day workshop at Sogakope last week to discuss omissions of electoral adjudication by drafters of the 1992 Constitution. The workshop also addressed the issue of new Rules of the High Court to up-date the Civil Procedure to be in tune with dictates of time.

Presentations revealed that the absence of specific rules for settling electoral disputes in court has resulted in the application of High Court Rules where the backlog of cases under jurisdiction has delayed determination of the will of voters.

Mr. Justice I.K. Abban, Chief Justice, attributed the omission to ready availability of the Rules of the Court, which are familiar to counsel and parties involved.

Under the new Rules being considered, time and control of the courts stands out clear as far as election disputes are concerned and clever counsel could capitalise on the anomaly to deny winners their right of representation in Parliament

The Chief Justice charged judges not to entertain unnecessary adjournments on electoral disputes but be bold to remove lazy and untruthful counsel from the conduct of a case.

Mr. Justice D.F Annan Speaker of Parliament, suggested that hearing of such cases should be taken outside the general rules of procedure of the trial court.

"Nowhere is the saying that justice delayed is justice denied more apt than the case where candidates and their electors are denied the fruits of their victory by being represented by someone they had rejected at the polls," he lamented

Dr. Kwadjo Afari-Djan, the Electoral Commissioner, was optimistic that the seminar would evolve solid ideas for the speedy resolution of electoral disputes before the courts.