Those Who File ‘Frivolous’ Election Petitions Must Be Punished – Afari Gyan

Dr. Kojo Afari-Gyan, former Chairman of the Electoral Commission of Ghana, has called on the judiciary to impose punitive measures on political parties that file what he describes as “frivolous” election petitions.

Speaking at the ongoing Ghana Bar Association conference in Kumasi, he warned that such petitions not only waste valuable judicial time but also pose a threat to the credibility of the judiciary and the Electoral Commission.

Afari-Gyan emphasized that election petitions lacking merit can lead to unjust reputational damage for both judges and the Electoral Commission, particularly in the eyes of political party supporters. He suggested that courts should scrutinize petitions more rigorously before accepting them, to prevent unwarranted cases from proceeding.

“I sincerely think that the courts and the Electoral Commission must be spared from improbable election petitions. Not only do they waste time, but they can also cause undeserved injury to the reputation of a judge or the EC, in the minds of some party supporters irrespective of the verdict,” Afari-Gyan stated.

He further proposed that petitions deemed improbable should attract punitive sanctions, discouraging parties from filing baseless claims after elections.

Importance of Pink Sheets

In his address, Afari-Gyan also stressed the importance of political parties exercising caution with the use of “pink sheets”—the primary documents for recording election results at polling stations. He described pink sheets as the most critical records in reconstructing the outcomes of elections and warned political parties to examine them thoroughly before taking any legal actions against the Electoral Commission.

“Elections are won or lost at the polling stations, and those pink sheets, duly executed, are the source documents for reconstructing election results,” Afari-Gyan explained, underscoring their central role in ensuring transparency in the electoral process.

Warning Against Judicial Capture

Afari-Gyan concluded his remarks with a cautionary message to the judiciary about the potential for political influence. He warned that political actors understand the importance of controlling the judiciary to exert dominance over the political landscape.

“They know that the judiciary is the most powerful institution in the land, and they also know that if you want to dominate the people, you must first capture the judiciary. But state capture is harmful to democracy,” he cautioned.

The former Electoral Commission chairman’s remarks come at a time when Ghana is preparing for its December 7 general elections, with heightened focus on ensuring the credibility of the electoral process and protecting the independence of the judiciary.

Dr. Kojo Afari-Gyan is widely regarded as one of the most experienced and respected figures in Ghana’s electoral history. His tenure as Chairman of the Electoral Commission, from 1993 to 2015, saw the consolidation of democratic elections in the country. His comments at the Ghana Bar Association conference reflect his continued engagement with the electoral process and democratic governance in Ghana.

Source: GhanaFeed.Com