in the management of the electoral process, and where the non-compliance
affected the validity of the election. He concurred with the decision of the
Supreme Court in the 2013 Raila Odinga case where this Court laid out
the guiding criteria for disturbing an election result.
[186] The Attorney General pointed out comparative judicial decisions
which affirm the above position. He cited the Supreme Court in Ghana in
Nana Addo Dankwa Akufo Addo & 2 Others v. John Dramani
Mahma & 2 Others92, where the position was that elections ought not to
be held void by reasons of transgressions of the law without any corrupt
motive by the returning officer or his subordinate, and where the court is
satisfied that notwithstanding the transgressions, an election was in
substance conducted under the existing election law. He also relied on the
case of Woodward v. Sarsons93 where the court was of the opinion that
an election is declared void by the common law applicable, where the
tribunal asked to void it is satisfied that there was no real election at all.
[187] It is instructive to note that this Court in the 2013 Raila Odinga
case, did not render an authoritative interpretation of Section 83 of the
Elections Act as read together with the relevant provisions of the
Constitution. At best, the Court only made a tangential reference to this
Section while addressing the applicable twin questions of “Burden and
Standard of Proof” in an election petition. We therefore think that now is
the time this Court should pronounce itself on the meaning of Section 83 of
the Elections Act.
92
93
Nana Addo Dankwa Akufo Addo & Others v. John Dramani Mahma & 2 Others, WRIT No. J1/6/2013.
Woodward v Sarsons (1875) LR 10 CP 733.
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