Ramadan and Another Vrs Electoral Commission and Others [2014] GHASC 161 (30 July 2014)

Ramadan and Another Vrs Electoral Commission and Others [2014] GHASC 161 (30 July 2014)

Regulation 1(3)(d) of C.I. 72, which allows the use of the NHI card for voter registration, is inconsistent with Article 42 of the Constitution because the NHI card does not establish Ghanaian citizenship, a constitutional requirement for voter registration. The use of an 'existing voter identification card' is permissible as it contains information on age and citizenship, thus meeting constitutional requirements.

Citation
[2014] GHASC 161
Parties
Plaintiff: Abu Ramadan; Plaintiff: Evans Nimako; Plaintiff: Kwasi Danso Acheampong; Defendant: Electoral Commission; Defendant: Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 July 2014
Procedural Posture
Constitutional Petition / Judgment After Consolidated Hearing
Outcome
Principal reliefs granted in favour of Plaintiffs; Regulation 1(3)(d) of C.I. 72 declared void to the extent of inconsistency with Article 42; perpetual injunction issued against use of NHI card for voter registration.
Legal Topics
Voter Registration, Proof of Citizenship, Judicial Review, Interpretation of Constitution, Electoral Process
Source Language
English
Constitutional Law Election Law Administrative Law Voter Registration Proof of Citizenship Judicial Review Interpretation of Constitution Electoral Process

Case Brief

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Parties

Abu Ramadan

Plaintiff

Evans Nimako

Plaintiff

Kwasi Danso Acheampong

Plaintiff

Electoral Commission

Defendant

Attorney General

Defendant

Procedural Posture

Constitutional Petition / Judgment After Consolidated Hearing

Legal Issues

  1. 1 Whether the use of the National Health Insurance (NHI) Card as proof of qualification to register as a voter is inconsistent with Article 42 of the 1992 Constitution
  2. 2 Whether the use of an 'existing voter identification card' as proof of qualification to register as a voter is unconstitutional

Ratio Decidendi

Regulation 1(3)(d) of C.I. 72, which allows the use of the NHI card for voter registration, is inconsistent with Article 42 of the Constitution because the NHI card does not establish Ghanaian citizenship, a constitutional requirement for voter registration. The use of an 'existing voter identification card' is permissible as it contains information on age and citizenship, thus meeting constitutional requirements.

Court Disposition

Principal reliefs granted in favour of Plaintiffs; Regulation 1(3)(d) of C.I. 72 declared void to the extent of inconsistency with Article 42; perpetual injunction issued against use of NHI card for voter registration.

Orders

  • Declaration that use of NHI card for voter registration is unconstitutional and void
  • Perpetual injunction restraining Electoral Commission from using NHI card for voter registration