Electoral Dispute Resolution in Ghana since 1992: An Assessment of the Role of the Judiciary Arm of State

Proceedings of ‏The 3rd World Conference on Social Sciences and Humanities

Year: 2021

DOI:

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Electoral Dispute Resolution in Ghana since 1992: An Assessment of the Role of the Judiciary Arm of State

George Hikah Benson

ABSTRACT: 

Ghana has witnessed many electoral disputes since 1992. In the given circumstances, both institutions of state and non-state actors have played important roles in the resolution processes. This paper assessed the role of the Judiciary in respect of electoral dispute resolution, as stipulated under Articles 64(1) and 99(1) of the 1992 Ghana Constitution. In that regard, this paper examined the effectiveness of the court system and factors that often informed decisions of justices. In adapting a qualitative research approach, this study purposively selected 120 knowledge-based respondents across all 16 administrative regions of Ghana. Major findings are that to some extent, the judiciary has being effective in resolving electoral disputes. However, this success story is not based solely on the skills used by the courts, but also credited to Ghanaians who by nature are law-abiding and peace-loving, and are easily disposed to accepting decisions of the courts even where they may disagree. To enhance this important judicial function, the study recommends that judges must dispense justice within the tenets of the law, devoid of political and material motivations. Also, the discretionary powers of judges must be regulated by law since judges may be tempted to overstretch such powers; as perceived of them in the 2012 and 2020 Presidential Petition Cases brought before the Supreme Court. This modest study inspires the judiciary to improve upon its shortfalls, as the Electoral Commission and political parties are equally inspired to avoid repeating earlier mistakes that led to electoral disputes.

Keywords: Electoral disputes; Ghana; Judiciary role; and Resolution.