The Supreme Court has
upheld an application brought by Youth Organiser of the People's National
Convention, Abu Ramadan, challenging the constitutionality of the decision of
the Electoral Commission to use health insurance cards for the voters'
registration exercise.
The Court has thus imposed
an injunction on the electoral governing body, barring it from using the
National Health Insurance Scheme cards as identity for registering voters for
national elections. The PNC National Youth Organiser and a private lawyer Kwasi
Danso-Acheampong, filed separate suits which were later merged to challenge the
EC over the use of the national health insurance ID’s for the exercise. They
asked the highest court of the land for a proper interpretation of Article 42
of the 1992 Constitution which states that "Every citizen of Ghana of eighteen
years of age or above and of sound mind has the right to vote and is entitled
to be registered as a voter for the purposes of public elections and
referenda."
The plaintiffs argued that
since one is not necessarily required to be a citizen to hold NHIS Card,
accepting the card as a basis to register a person to vote in national
elections is a violation of the constitution. The Supreme Court agreed and granted
all the reliefs sought. The Court had earlier asked the EC to stop its public
advertisement on the voter registration exercise while it determined the case
before it. The judges had some harsh words for the EC which they said was
acting with impunity. Wednesday's ruling means the EC can now proceed with the
registration exercise but without the NHIS cards. The Court however deferred to
August 17 to give the reasons for its ruling.
Source: Myjoy Online
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