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The Accra High Court has ordered the Electoral Commission (EC) to register as a voter the parliamentary candidate of the Cape Coast North Democratic National Congress (NDC), Dr. Kwamina Minta Nyarku, who was disqualified from registering in the exercise of voter registration.
In a ruling issued on Tuesday, [September 22, 2020], the court, chaired by Judge Stephen Oppong, issued a mandamus order forcing the EC to register the politician on the grounds that a court had not prohibited him from registering as a voter.
“It is hereby ordered that a court order be issued obliging the defendant (CE) to register the applicant (Dr. Nyarku) since no court of competent jurisdiction has prevented him from registering,” the court held.
The court issued the ruling after confirming a request for judicial review submitted by the legal team of the politician led by Godwin Tamaklo.
Retained record
During the voter registration exercise, Dr. Nyarku registered at the Nkanfoa polling place on Cape Coast and was duly issued a voter identification card.
However, his registration was challenged on the basis that he was not a resident of the electoral area, which led the EC to order him to hand over the voter registration card until the challenge process was completed.
The District Registry Review Committee accepted the challenge, which Mr. Nyarku later appealed to the Cape Coast North Director of Registry Review, but the appeal was dismissed.
Judicial review
Dr. Nyarku then went to the High Court with a request for judicial review arguing that his right to be registered as a voter guaranteed by Article 42 of the 1992 Constitution could not be restricted due to a challenge to his residency.
According to article 42 of the 1992 Constitution, “every citizen of Ghana 18 years of age or older or of sound mind has the right to vote and has the right to be registered as a voter for the purposes of public elections and referendums.”
He argued that his chances of becoming a Member of Parliament would be severely hampered if he were not registered as a voter because, under article 94 (1) (a) of the 1992 Constitution, a person is not qualified to be a deputy unless “ is a citizen of Ghana, has turned 21 and is a registered voter. ”
“That in the interest of justice and to fulfill my constitutional right as a citizen of Ghana to be registered as a voter, I pray that the honorable court compels the defendant (CE) to register as a voter,” he argued in his affidavit in support.
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