GHANA LAW FINDER

                         

Self help guide to the Law

  Easy to use   Case and Subject matter index  and more tonykaddy@yahoo.co.uk
                

HOME

 

             CHIEFTAINCY (NATIONAL HOUSE OF CHIEFS) ELECTION RULES, 1972 (LI 746)

 

IN exercise of the powers conferred on the Electoral Commissioner by subsection (12) of section 1 of the Chieftaincy Act, 1971 (Act 370) these Rules are made this 2nd day of June, 1972.

Rule 1—Election of Members of the National House of Chiefs.

(1) The members of the House shall be elected from each Region by the House of Chiefs of that Region.

(2) The Commissioner shall by notice published in the Local Government Bulletin summon a meeting of each Regional House Chiefs for the election of members to the House at such time and place as the Commissioner may specify in the notice.

Rule 2—Registrar to Notify Electoral Commissioner of Vacancies in the National House of Chiefs.

(1) Where a vacancy has occurred in the office of the President, the Vice-President or a member of the House the Registrar of the House shall notify the Commissioner in writing of the occurrence of the vacancy within fourteen days of such occurrence.

(2) The Commissioner shall by notice published in the Local Government Bulletin summon a meeting of the House or the respective Regional House of Chiefs, as the case may be, within twenty-one days after being notified of the vacancy for the election of a President, Vice-President or a member of the House.

Rule 3—Notice.

The Commissioner shall specify in the notice referred to in Rules 1 (2) and 2 (2) of these Rules—

(a) the day and place for the nomination of candidates; and

(b) the day, place and hour at which the poll shall be taken.

Rule 4—Nominations.

(1) A nomination in respect of the election of a President, Vice-President or a member of the House shall be in Form X in the Schedule to these Rules and subscribed by signature or mark of two members of the House or the Regional house of Chiefs, as the case may be, as  proposer and seconder.

(2) Such nomination shall be assented to by a member of the House or the Regional House of Chiefs, as the case may be, other than the proposer or seconder and endorsed with the consent of the nominee.

(3) The nomination form when completed shall be delivered to the Commissioner or a public officer authorised by him at the prescribed time and place.

(4) In the election of members to the House a member of the Regional House of Chiefs may subscribe to the nomination of not more than five candidates.

(5) In the election of a President or Vice-President of the House no member shall nominate more than one candidate.

(6) For the purposes of these Rules no member of the House or the Regional House of Chiefs shall nominate himself as candidate for election.

Rule 5—Withdrawal of Candidature.

(1) A candidate may within four days before the day appointed for the election withdraw his nomination by notice signed by him and delivered to the Commissioner or a public officer authorised by him.

(2) Where a candidate withdraws his nomination the Commissioner shall notify the fact of that candidate's withdrawal to the members of the House or the Regional House of Chiefs, as the case may be, who nominated him.

(3) The members of the House or the Regional House of Chiefs as the case may be shall be entitled within twenty-four hours before the day appointed for the election to nominate another candidate.

Rule 6—Close of Nominations.

At the close of nominations the Commissioner shall publish a notice in the Local Government Bulletin specifying the day and hour at which the poll shall be taken and the names, addresses and chiefly titles of the candidates nominated.

Rule 7—Unopposed Candidate.

Where in the election of a President or Vice-President of the House only one candidate stands nominated at the expiration of the time appointed for nominations that candidate shall be deemed to have been duly  elected.

Rule 8—Contested Election.

(1) Where two or more candidates stand nominated at the close of nominations the Commissioner or the presiding officer shall, before the poll is taken to elect a President, Vice-President or a member of the House, call a roll of the members of the House or the Regional House of Chiefs, as the case may be, to ensure that more than one-half of the total number of the members is present.

(2) If less than one-half of the total number of the members of the House or the Regional House of Chiefs, as the case may be, is present or if before the poll is taken one of the candidates dies the Commissioner shall countermand the election and the proceedings in connection with the election shall be started afresh.

(3) Where at the close of the election no candidate secures a majority of the votes recorded a fresh poll shall be taken so however that if after five consecutive ballots no candidate is elected the Commissioner shall adjourn the election for not more than seven days and after which period fresh election shall be held.

Rule 9—Declaration of Secrecy.

Before a poll is taken a declaration of secrecy in Form Z in the Schedule to these Rules shall be made by—

(a) the presiding officer and his assistants;

(b) all the members of the House or the Regional House of Chiefs;

(c) any person permitted by the presiding officer to attend at the election.

Rule 10—Ballot Papers.

(1) Each ballot paper shall bear the symbol allocated to each candidate except that a ballot paper for use in the election of a President or Vice-President of the House shall bear only the names of the candidates contesting the election with a column provided for marking therein a cross (X) against the name of the candidate in whose favour a vote is recorded.

(2) A ballot paper shall—

(a) be capable of being folded up;

(b) have a serial number;

(c) have attached to it a counterfoil bearing the same serial number.

Rule 11—Voting.

(1) In the election of a member of the House if at the close of nominations two or more candidates stand nominated the Commissioner shall allocate to each candidate a symbol chosen by that candidate from the group of symbols, not being symbols associated with any stool or skin, approved by the Commissioner for that election.

(2) The Commissioner shall, as soon as practicable after the allocation of the symbols to the candidates, notify the other members of the Regional House of Chiefs of the symbol allocated to each candidate.

(3) The presiding officer or an officer authorised by him shall,—

(a) in the case of the election of a President or Vice-President of the House, deliver one ballot paper to each member of the House by which to record his vote;

(b) in the case of the election of a member by the Regional House of Chiefs to the House, deliver to each member of the Regional House as many ballot papers as there are candidates contesting the election.

(4) Each ballot paper shall be stamped by the presiding officer with the official  mark selected by the Commissioner.

(5) The number of each member as it appears in the register of the House or the Regional House, as the case may be, shall be marked on the counterfoil of the ballot paper.

(6) In the election of a President or Vice-President each member of the House shall on being given the ballot paper secretly make a cross (X) in the column provided therefor against the name of the candidate for whom he wishes to vote, and shall fold up the ballot paper and place it in the ballot in the full view of the other members of the House.

(7) In the election of members to the House each member of the Regional House of Chiefs on being given the ballot paper shall—

(a) proceed to a screened compartment where he shall place in the receptacle provided for that purpose the ballot papers in respect of candidates for whom he does not wish to vote;

(b) fold up the remaining ballot paper so as to conceal his vote and place it in the ballot box in full view of the other members of the Regional House.

(8) A member of the House or the Regional House of Chiefs, as the case may be, who has inadvertently spoilt his ballot paper in such a manner that it cannot conveniently be used for the election shall on delivering it to the presiding officer obtain a new ballot paper.

(9) The presiding officer shall then mark the spoilt ballot paper and the counterfoil accordingly.

Rule 12—Counting of Votes.

(1) As soon as practicable after the poll the Commissioner or the presiding officer shall proceed to count the ballot papers and shall record the total number of votes recorded in favour of each candidate.

(2) The Commissioner or the presiding officer shall then             complete and sign Form Y in the Schedule to these Rules.

(3) Any Ballot paper—

(a) which does not bear the official mark; or

(b) on which anything is written or marked by which a member is identified;

shall be rejected as void and not counted.

(4) The presiding officer shall endorse the word "Rejected" on a ballot paper which has been rejected as void.

(5) The presiding officer shall before any ballot paper is rejected by him request the candidate in whose favour the vote was recorded to express any objection he may have to the rejection of the ballot paper.

(6) Where a candidate objects to the rejection of a ballot paper the presiding officer shall record the fact of his objection on the ballot paper.

Rule 13—Publication of Results of Election.

The Commissioner shall, as soon as practicable after the announcement of the results of the election cause to be published in the Local Government Bulletin a notice stating the name of the of candidate elected and the total number of votes recorded in favour of each candidate.

Rule 14—Disposal of Documents.

(1) The presiding officer shall, as soon as practicable after the announcement of the results of the poll, in the presence of the members of the House or the Regional House of Chiefs, as the case may be, cause to be made into separate packets sealed with his own seal, the counted, unused, spoilt and rejected ballot papers, the counterfoils of the ballot papers and the ballot papers account, and shall submit these documents to the Commissioner for disposal.

(2) The Commissioner shall keep for a period of not less than six months all documents connected with the election and shall, unless otherwise directed by a superior court of record, cause such documents to be destroyed at the expiration of that period.

Rule 15—Interpretation.

In these Rules—

“Commissioner" means the Electoral Commissioner;

“House" means the National House of Chiefs.

SCHEDULE

Original

Duplicate

Triplicate

FORM X

NOMINATION PAPER

PART I

We, the undersigned, members of the……………………………………………….House of Chiefs do hereby nominate the following person to serve as a President/Vice-President/ member of the …………………………………………. House of Chiefs:

 

 

Surname        Other Names Address        

 

 

 

                                   

 

 

            Signature      

 

Proposer    ..    ..    ..    ..    ..    ..    ..    ..    

 

Seconder    ..    ..    ..    ..    ..    ..    ..    ..      

………………………………………..

 

………………………………………..         

 

PART II

1. I, the undersigned, member of the                                              House

of Chiefs hereby support the nomination of

Signature

2. I, the undersigned, member of the …………………………………...........………….hereby

consent to my nomination for election to the National House of Chiefs as President/ Vice-President/member.

……........………..…………..

Signature of Nominee

FORM Y

DECLARATION OF RESULTS

I, the undersigned, do hereby declare:

(a) that the total number of members of  the…………………………………..........………..................….............

House of Chiefs is………………………………………………………………..............……................................

(b) that at the election held on…………………………the……………………….........….…...................................

day of ……………...……………19………………the number of such members present was ……………………. and

(c) that the number of votes specified in the second column of the Part I to this Declaration was cast in favour of the candidate(s) specified in relation thereto in the first column of the said Part,

(d) that the candidate(s) named in the Part II to this Declaration has/have accordingly been elected as member(s)/President/Vice-President of the…………………….House of Chiefs.

……………….........…………………………..

Electoral Commissioner/Presiding Officer

PART I

 

 

Name of candidate   Number of votes cast in his favour 

1……………………………………………

 

2……………………………………………

 

3……………………………………………

 

4……………………………………………

 

5……………………………………………

 

6……………………………………………  ……………………………………….

 

………………………………………

 

………………………………………

 

………………………………………

 

………………………………………

 

………………………………………..         

 

Part II

 

 

Name of candidate   Office to which elected        

 

1……………………………………………

 

2……………………………………………

 

3……………………………………………

 

4……………………………………………

 

5……………………………………………

           

……………………………………….

 

………………………………………

 

………………………………………

 

………………………………………

 

………………………………………           

 

FORM Z

ELECTION OF   A  PRESIDENT,  OR  VICE-PRESIDENT  OR MEMBER  OF  THE  NATIONAL  HOUSE  OF  CHIEFS

DECLARATION OF SECRECY

I,…………………………………………………………do solemnly declare that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties or as may be specifically permitted by the presiding officer or the Electoral Commissioner.

 ..…………………………

Signature of Declarant

G.  A.  K.  BONSU

Electoral Commissioner

Date of Gazette Notification: 9th June, 1972.

STATUTORY CORPORATIONS (SCHEDULE) (AMENDMENT) INSTRUMENT, 1972 (LI 742).

IN exercise of the powers conferred on the National Redemption Council by section 4 of the Statutory Corporations Decree, 1972 (N.R.C.D. 14) this Instrument is made this 25th day of February, 1972.

Section 1—Schedule to N.R.C.D. 14 Amended.

The Schedule to the Statutory Corporations Decree, 1972 (N.R.C.D. 14) is hereby amended by the substitution for the words "Diamond Mining Corporation, 1965 (L.I. 425)" of the words  "Diamond Marketing Corporation Instrument, 1965 (L.I. 401)".

Section 2—Commencement.

This Instrument shall be deemed to have come into force on the same date as the said Decree.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 12th May, 1972.

ARMED FORCES (AMENDMENT) REGULATION, 1972, (LI 741).

IN exercise of the powers conferred on the Commander-in-Chief by section 97 of the Armed Forces Act, 1962 (Act 105), and after consultation with the Armed Forces Council, this Regulation is made this 19th day of April, 1972.

Regulation 1—Amendment of C.I. 12/70

The Armed Forces Regulations, 1970 are hereby amended as follows—

(a)  In the Table to article 204.21, by the addition in respect of Lieutenants, immediately after the words "After 2 Years . . . ¢1,904.40" of the words, "After 3 Years ... ¢1,962.00";

(b)  by the deletion of paragraph (b) of article 206.31 (4);

(c) In article 206.31 (4) by the substitution for paragraph "(c)" appearing therein of paragraph "(b)" and by the substitution for the words "Major General" appearing therein of the words "Major General and above";

(d) in article 206.32 (1), by the substitution for the number "12 1/2" appearing therein of the number "20";

(e) in article 206.84 (1), by the substitution for the number "12 1/2" appearing therein of the number "20".

2. Subregulation 1 (b) and (c) of this Regulation shall apply to any person retiring and any matter arising on or after the 25th day of September, 1970.

3. Subregulation (1) (d) and (e) of this regulation shall apply to any person retiring and any matter arising on or after the 13th day of January, 1972.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council and Commander-in-Chief.

Date of Gazette Notification: 25th April, 1972.

 
 

Legal Library Services        Copyright - 2003 All Rights Reserved.