The Supreme Court constituted by Baffoe Bonnie (CJ), Asiedu, Adjei Frimpong, Dzamefe, Adjei, Bartels-Kwodwo, Ackaah-Boafo JJSC have held that the provisions of the Representation of the People Act, 1992 (P.N.D.C.L. 284) allowing for the imposition of disqualification on electoral offenders is constitutional.

The Court blessed sections 27, 28, 29, 36, and 41 of the Representation of the People Act, P.N.D.C.L. 284 with constitutional unction in the case of FRED AKWETER v. THE ATTORNEY-GENERAL & ANOR [TLP-SC-2026-14]. The Court in an erudite decision through the weighty voice of the respected Justice Sir Dennis Dominic Adjei who undertook a commendable analysis and reliance on international treaties held that the 1992 Constitution of the Republic of Ghana entertains incursions into the political rights of persons on grounds of breach of law and policy.

In his well delivered opinion on behalf of the panel with concurrence from the brilliant Ackaah-Boafo JSC, Justice Sir Adjei held that "The right to vote, which is among the political rights, forms part of the basic rights but not absolute rights, and limitations may be imposed to protect national security, public safety, public health, public morals, and the rights and freedoms of others, but the limitations shall be proportionate, necessary, and prescribed by law."

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

Yudah Brown, Influential Law Content Creator, Declares SRC Presidential Bid

In an application of rules on interpretation as it was naturally called upon to do by virtue of the invocation of its original jurisdiction, the Court held that, "We find that the spirit of the Constitution requires parliament to restrict the voting rights of citizens who have been convicted of serious or electoral offences. Parliament is right in restricting the voting rights of citizens who used unlawful acts to influence the outcome of a public election, in complete disregard of the Constitution's introduction of universal adult suffrage as a significant milestone in Ghana's democratic journey."

In a tone of satisfaction of the constitutional legality of sections 27, 28, 29, 36, and 41 of the Representation of the People Act, P.N.D.C.L. 284 the Court delivered itself as follows; "We are satisfied that the restrictions were properly made on a right to vote and to be registered as a voter under the universal adult suffrage, the restriction was made with a legitimate aim to disenfranchise the citizens convicted of the impugned crimes to prevent crimes involving some electoral offences to ensure that democratic regime is preserved to function to promote civic responsibility and respect for rule of law, and the five years disqualification from elections or public elections as the case may be is proportional to the offences concerned. The electoral wrongs that have been criminalised, and whose convicts lose their rights to vote or to be registered as voters are serious wrongs that have the propensity of changing the outcome of an election conducted in accordance with universal adult suffrage in the current democratic dispensation in the country, and therefore make the convicts unfit to participate in elections for five years after serving their prison terms which is a reasonable time for them to change to become fit persons for the purposes of elections."

Click here for full decision on our library.