Rashid Tanko-Computer, the Deputy Director of Elections and IT for the National Democratic Congress (NDC), has questioned the Supreme Court’s jurisdiction to determine election petition matters.
According to him, Article 91(1) of the Constitution does not empower the apex court to adjudicate election petitions, insisting that such matters fall strictly within the remit of the High Court.
“The Supreme Court doesn’t have the jurisdiction of the substance of the matter. If you look at the PNDC Law 284. That of the election petition, under article 91 (1) of the constitution, it is only the High Court that goes into the election petition matter, the Supreme Court doesn’t deal with that,” he argued.
He argued that although the apex court has supervisory authority over all matters, it is unconstitutional for it to adjudicate an election petition: “When it comes to the substance of the matter and the intricacies of an election petition under Article 91(1), it is the High Court that has jurisdiction, not the Supreme Court.”
Mr Tanko-Computer made the comments on JoyNews’ Newsfile programme on Saturday, 31st January, following the recent Supreme Court ruling on the Kpandai parliamentary election.
On January 28, the Supreme Court, by a 4–1 majority, overturned the High Court’s ruling annulling the Kpandai parliamentary election won by the New Patriotic Party (NPP)’s Matthew Nyindam.
The decision follows an application filed by Mr Nyindam seeking to invoke the Supreme Court’s supervisory jurisdiction to set aside the High Court’s ruling on the grounds of jurisdictional error.
The court upheld his application, effectively restoring his election as Member of Parliament.
Tanko-Computer argued that the Supreme Court’s involvement in the case represents a misinterpretation of the constitutional framework governing election disputes, and cautioned that such decisions could undermine the clarity and consistency of Ghana’s electoral justice system.
Mr Tanko-Computer added that the NDC is not satisfied with the ruling, “We are a law-abiding political party, but we disagree with the ruling.”
“We are waiting for the reason behind their ruling on the 6th of February, and we will advise ourselves appropriately,” he emphasised.
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Source: www.myjoyonline.com