ROPAA: Court clears Ghanaians living abroad to vote in 2020

The Court ordered the Electoral Commission (EC) to take all necessary steps to enable Ghanaians living abroad to vote in the 2020 elections.

The High Court, Human Rights Division presided over by Justice Anthony K. Yeboah has given judgment in the case brought by five citizens over the eleven years delayed implementation of the Representation of the People (ROPAA) (Amendment) Act, 2006 [ACT 699].)

The Court ordered the Electoral Commission (EC) to take all necessary steps to enable Ghanaians living abroad to vote in the 2020 elections.

According to the ruling, the EC has no justifiable reason not to carry out the dictates of a law that binds them.

READ MORE: High Court to rule on ROPAA today

The court said the EC’s justification for the delay in implementing is unreasonable and outrageous.

The Kufuor administration superintended the passage into law in 2006 of Act 699 to allow citizens, including dual nationals, to be registered abroad and to vote from abroad.

The EC set up a committee in 2011 which produced some modalities but has since not acted.

 

Background

Five Ghanaians resident in the United States have sued the Electoral Commission (EC) over the non-implementation of the law.

The applicants want the Human Rights High Court to declare that the failure by the EC to operationalise the Act since it became law on February 24, 2006, is a breach of their fundamental rights under the various laws (Articles 42 and 33 (5), (Article 13 of the African Charter on Human and People’s Rights, etc.) and legal instruments.

READ ALSO: US-based Ghanaians drag EC to court over ROPAA

The five – Kofi A. Boateng, Agyenim Boateng, Nellie Kemevor, Obed Danquah and Christiana Sillim also want the court to declare that the refusal to uphold full operationalization of the Act by the Attorney General (AG) – who is also a party to the suit – since it became law, is a breach of the said various laws and legal instruments.

 

The Applicants who are all members of the Progressive Alliance Movement (PAM) a New York State incorporated non-profit organization, seek from the Court “a Declaration that Applicants have fundamental human rights under Articles 17(2), 42 and 33(5), of the 1992 Constitution of the Republic of Ghana, the Representation of the People (Amendment) Act 2006 [Act 699] Article 13 of the African Charter on Human and People’s Rights, Article 25 of The International Covenant on Civil and Political Rights, Article 21 of the Universal Declaration of Human Rights and Protocol 1 (article 3) of the European Convention on Human Rights,

a) “to be registered as voter[s]” while resident abroad and being outside the jurisdiction of the Republic of Ghana, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

b) to be issued voters Identity Cards “to enable” them “to vote in public elections and referenda” while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

c) “to vote in public elections and referenda” particularly Presidential and Parliamentary elections while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

READ ALSO: High Court orders EC to provide evidence for ROPAA implementation

d) A Declaration that the non-compliance of 1st Respondent in particular to operationalize the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

e) A Declaration 2nd Respondent’s failure, neglect or refusal to uphold/ensure full compliance/operationalization of the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

f) A Declaration that each of the Applicant’s “right to vote and entitle[ment] to be registered as a voter for the purposes of public elections and referenda” in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;

g) A Declaration that it is discriminatory for Respondents particularly 1st Respondent to continue to register abroad and ensure that a category of citizens studying abroad or working in Ghana’s Missions/Embassies abroad vote in public elections and referenda while abroad to the exclusion of the Applicants.

h) An Order of mandamus directed at Respondents particularly 1st Respondent to forthwith, uphold/ensure full compliance/operationalisation of Act 699.

The Court ordered the Electoral Commission (EC) to take all necessary steps to enable Ghanaians living abroad to vote in the 2020 elections. Read Full Story