The Electoral Commission registered eligible voters in 1995 for the presidential and parliamentary elections in 1996. After the registration exercise, the commission announced that they would conduct another registration process for those who had now turned 18 years and those above 18 years who for tangible reasons could not register during the first exercise.
On the appointed date, the plaintiff went to the designated place to register but the Electoral Commission did not show up. He then invoked the original jurisdiction of the Supreme Court and alleged that the refusal of the Commission to register him was inconsistent with the Constitution, 1992.
The Commission agreed with the contention of the plaintiff but averred that they did not register the plaintiff and many others because they had been served with a writ from the High Court with an injunction on the registration exercise.
1. Whether or not the plaintiff is entitled to be registered as a voter?
Held:
1. The plaintiff and any other qualified citizens are entitled to be registered for the election.
The right to vote is a fundamental political right given to every sane citizen of Ghana of 18 years and above. It is a right that nobody could deny a citizen except by law. The refusal of the Commission to register the plaintiff did not only deny him of the privilege to exercise his franchise but also would deny him the chance to be a Member of Parliament, Minister of State or hold certain public offices.
For that reason, the Commission is under obligation to register the plaintiff and everyone in that category.
The Electoral Commission is ordered to register the plaintiff for election 1996.
Tehn-Addy v. Attorney – General & Electoral Commission [1997-98] 1 GLR 47
