Chapter 1: International Standards
such cases where several actors are involved, there is a need to establish
safeguards and accountability mechanisms that will avoid undue delays or
mismanagement of a complaint.
Electoral tribunals or complaints commissions should provide expeditious
proceedings in electoral matters, as there is a clear connection between
such proceedings and the legitimacy of the incoming government.164 However, maintaining timely procedures requires a careful balance between
the need to act swiftly and the need to carefully assess whether justice is
being delivered, as discussed below.
B. A Balance of Interests: A Proper Administration of
Justice
Like any legal standard, the importance of time-sensitive deadlines is subject to limitations. Expeditious decisions cannot be made to the detriment
of the right to a fair trial or the ability to prepare a defense. The proper
administration of justice requires that principles such as equality before
the courts, the right of an individual to be heard in his or her own defense
and the right to a fair and public hearing by a competent, independent and
impartial tribunal be respected.
165
The concept of due process embraces
all of these rights and all of these principles are guaranteed in the major
international and regional human rights conventions.166 This concept is also
recognized in domestic legal regimes; for example, the Ghana Supreme
Court held that the Court was required to act “in the supreme interest of
justice to prevent illegalities and a failure of justice and also ensure fairness and facilitate the expeditious disposal of cases.”167 Thus, it is generally recognized that an expedited decision is critical in electoral complaint
adjudication, but should not severely compromise due process guarantees.
Editorial, Nigeria: Ekiti Re-Run Tribunal - Against Endless Proceedings, Daily Indep. (Lagos,
Nigeria), July 28, 2009, available at http://allafrica.com/stories/200907280196.html.
165
U.N. Human Rights Comm., CCPR General Comment No. 13, Art. 14: Equality Before The
Courts And The Right To A Fair And Public Hearing By An Independent Court Established
By Law, U.N. Doc. HRI/GEN/1/Rev.1 at 14 (1994) (April 13, 1984)[hereinafter CCPR General
Comment No. 13], available at http://www.unhchr.ch/tbs/doc.nsf/0/bb722416a295f264c1256
3ed0049dfbd?Opendocument.
166
ICCPR, supra note 11, arts. 10, 11, 14, 15, 16; African Charter, supra note 14, arts. 6, 7, 25.
167
British Airways v. Att��y Gen. [1996-97] S.C.G.L.R. 547, 552-53, 554 (Ghana); see also Constitution of the Republic of Ghana April 28, 1992, art. 135.
164
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