Special courts to deal with electoral disputes

Accra, Sept 3, GNA - The Judicial Service has designated some courts across the country to adjudicate exclusively on electoral disputes that may arise from the December seven elections. "This is to effectively address disputes justly, firm, and effectually with minimum delay", Mrs Justice Georgina Wood, Chief Justice announced on Wednesday.

Mrs Justice Wood was speaking on the topic: "The Courts and Election 2008: Towards Peace and Stability" at the second in a series of the "Peace and Anti-violence" forums organized by the Institute for Democratic Governance (IDEG) in Accra.

She said the designated courts, which would not be permanent in nature and aimed at ensuring electoral integrity, would enable persons who may question the electoral process or perceive any abuses of the system, to seek redress.

The electoral courts are expected to be operational before December 2008, she stated.

Additionally, panels would be constituted to expeditiously handle appeals arising from cases in the special courts. To enhance transparency and credibility, judges who would man the designated courts would be those who did not have open allegiance to any political party.

She said political Parties that had credible evidence that a particular judge was a card-bearing member of any political entity are entitled to bring the facts up for appropriate actions to be taken against such judge.

Mrs Justice Wood said the important safeguard of election integrity lay in the effectual resolution of electoral complaints and appeals expeditiously.

She noted that in participatory democracy, elective officers had limited life spans and that snail-paced adjudication of disputes arising from elections rendered the legal remedies obtained by a successful party ineffective.

This, she noted, carried "grave potential danger" of promoting electoral frauds that discouraged people from voting and spurring others to resort to threats to peace and stability. Mrs Justice Wood said electoral disputes were matters of extreme public importance, because they affected not only the disputants, but the society at large.

She cited the instance of Kenya and Zimbabwe where post-election violence led to massive destruction of life and property, events that had negative effects on the economic and social well-being of the people. "We understand clearly that the court system is the recognized and accepted mechanism for peaceful resolution of disputes. We appreciate the critical role we have to play in ensuring peace and we will not shirk our responsibility in ensuring that the forthcoming elections do indeed reflect the will of the electorate."

She said in order to ensure speedy resolution of disputes, all electoral cases would be heard on a day-to-day basis, and at the appropriate time she would issue the necessary legal authority for judges to sit on Saturdays and to work for extended period.

Touching on judicial independence, a pre-requisite for trust in the judicial system, the Chief Justice said the judiciary ought to assert its independence in order to gain the confidence and trust of the electorate. She observed that the assertion of independence was a process and that the judiciary was working progressively towards realizing that goal.

Mrs Justice Wood called on the government and the opposition to give the judiciary the free room to do its work, adding that the public should also spare the judiciary the pressures, threats, mistrust, insults and other derogatory remarks.

"On my part, I pledge to do all that is humanly possible to take such genuine steps that will ensure fairness and transparency in the resolution of electoral disputes," she said.

The Chief Justice also entreated disputants and their attorneys to cooperate fully with judges and not to abuse the process or use technicalities to defeat the ends of justice, adding that when such negativities arose, the judges would have very little difficulty asserting their authority and keeping the process moving.

She called on parties to demand the highest professional standards not only from the judges but to seek answers from their lawyers and to hold them accountable for any lapses in their professional services. "I respectfully entreat lawyers to use their persuasive powers of argument in the courtroom and not on the airwaves. And I will ensure that assigned judges are well resourced to face any challenges and handle the disputes fairly and effectively."

Mrs Justice Wood proposed the use of voluntary Alternative Dispute Resolution (ADR) in electoral dispute adjudication, which she observed, was cost-effective.

Political party representatives who attended the event lauded the initiative and asked that such forums should be held in all the regional capitals to enable the electorate understand that there were other means of settling electoral disputes other than violence. 3 Sept. 08