Ghana’s Electoral Commission has in a 31-page written legal argument, urged Ghana’s apex court to back its decision to exclude the current voters ID card as proof of identification for prospective voters.
The Commission has argued in its response to the Supreme Court’s directive that the existing voters ID card was acquired by some Ghanaians in a manner that breached various laws.
The EC in its legal arguments described the card as fruit of a “poisoned tree”.
The Commission argued further that excluding it will afford it an opportunity to “break from the past and remedy all the carried on ineligibilities”.
The Supreme Court on June 4 gave the EC up until June 8 to justify its decision to compile a new register without the use of existing voter IDs as breeder document.
The Commission has complied to the directive, raising six legal issues in 31 pages to attempt to get the court to agree with it.
The EC’s arguments
The commission says the existing voter register which was compiled in 2012 and revised since by limited exercises has been held by the apex court as not being reasonably credible.
The EC made references to the cases of Abu Ramadan and Another v. the Electoral Commission and Another and Kwasi Danso Acheampong v the Electoral Commission and other.
It argued further that the two cases raised questions about the existing voters register with one holding that using the National Health Insurance card to get on the register was contrary to law.
The Commission said the above meant “the credibility of the register compiled remains in doubt save the registrations done with the voter identification cards before the coming into effect of C.I. 72”.
The Commission said the decision raised the presumption of credibility in favour of the voter cards issued before C.I.72.
It however says the registration law used prior to C.I 72 had no identification requirement, saying the law required no proof of citizenship and no proof of age.
“…the grand parenting” of voters identification procured under C.I 12 can never be remedied”, the Commission added.
The opposition National Democratic Congress (NDC) is in court challenging the EC’s decision to compile a new register.
The party also wants the court to rule that the existing voters ID card can be used as proof of citizenship to get registered.