Parliamentary Elections Disputes
S 17 of Representation of the People’s Law 1992 (PNDCL 284) electoral disputes of parliamentary election must be determined by HC, petition presented to HC within 21 days from publication of results in gazette, petition may be by person who voted or is entitled to vote at said election, who has right to be elected at the election, alleging to have been a candidate at the election, right to be nominated as candidate at the election. Art 99 appeal ends at COA and held per In Re Parliamentary Election for Wulensi Constituency; Zakaria v Nyimakan; Ten-Addy v EC.
Contents: name and address of petitioner and counsel, name of respondent and counsel, in writing and signed by petitioner or counsel, addressed to HC, contain statement of nature of claim and extent of reliefs sought and grounds, facts relied on to be verified by affidavit and law in support of petition, number of witnesses to be called, properly headed. Upon service, respondent files answer to petition.
S 18(1) of PNDCL 284 election petition on allegation of corrupt practices made within 21 days after date of alleged payment (2) Petitioner to pay to HC security for costsas determined by HC and failure to pay invalidates petition per Republic v EC Ex Parte Amoo (3) time limited for presentation of petition from gazette publication or corrupt practices shall not be extended.
Reliefs may be declaration of election as void and fresh elections ordered, that candidate petitioner other than respondent is duly elected or dismiss petition.
Presidential Elections Disputes
Art 64 only citizens of Gh by petition addressed to SC may challenge validity of election of president, petition brought within 21 days after declaration of results, EC and candidate whose election is being challenged shall be respondents to the petition.