|
PRESIDENTIAL ELECTIONS LAW, 1992 (PNDCL
285)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Qualification for election as
President
2. Qualifications and
disqualifications of
Vice-President
3. Election of President
4. Election result for Presidency
5. Challenge of election of
President
6. Application of Register of
Voters and other Electoral laws
7. Interpretation
8. Repeals
SCHEDULE
Schedule
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
Section 1—Qualification for
Election as President.
(1) A person is not qualified to
be a candidate for the office of
President of Ghana unless—
(a) he is a citizen of Ghana by
birth;
(b) he has attained the age of
forty years;
(c) he is a registered voter;
(d) he is resident in a
constituency for which he can
stand as a candidate for election
to Parliament or has resided there
for a total period of not less
than five years out of the ten
years immediately preceding the
election for which he stands or he
hails from that constituency; and
(e) he has paid all his taxes or
made arrangements satisfactory to
the appropriate authority for the
payment of his taxes.
(2) A person is not qualified to
be a candidate for the office of
President of Ghana if he—
(a) owes allegiance to a country
other than Ghana; or
(b) has been adjudged or otherwise
declared—
(i)
bankrupt under any law in force in
Ghana and has not been discharged;
or
(ii) to be of unsound mind or is
detained as a criminal lunatic
under any law in force in Ghana;
or
(c) has been convicted —
(i)
for treason or for an offence
involving the security of the
State, fraud, dishonesty or moral
turpitude; or
(ii) for any other offence
punishable by death or by a
sentence of not less than ten
years; or
(iii) for an offence relating to,
or connected with elections under
a law in force in Ghana at any
time; or
(d) has been found by the report
of a commission or a committee of
inquiry to be incompetent to hold
public office or is a person in
respect of whom a commission or
committee of inquiry has found
that while being a public officer
he acquired assets unlawfully, or
defrauded the State, or misused or
abused his office, or wilfully
acted in a manner prejudicial to
the interest of the State and the
findings have not been set aside
on appeal or judicial review; or
(e) is under sentence of death or
other sentence of imprisonment
imposed on him by any court;
(f) is not qualified to be
registered as a voter under any
law relating to public elections;
or
(g) is otherwise disqualified by
a law in force on the nomination
day.
(3) The disqualifications
specified in paragraphs (c), (d)
and (e) of subsection (2) of this
section are not subject to a grant
of pardon or lapse of time.
(4) For the purpose of paragraph
(d) of subsection (2) of this
section, in the case of a finding
made by a commission or committee
of inquiry which is not a judicial
or quasi-judicial commission or
committee of inquiry, without
prejudice to any appeal against or
judicial review of that finding,
the finding shall not have the
effect of disqualifying a person
under that paragraph unless it has
been confirmed by a Government
white paper.
(5) A person shall not be
eligible to be elected as the
President of Ghana if he—
(a) is prohibited from standing
election by a law in force in
Ghana by reason of his holding or
acting in an office the functions
of which involve a responsibility
for or are connected with the
conduct of an election or
responsibility for the compilation
or revision of an electoral
register; or
(b) is a member of the Police
Service, the Prisons Service, the
Armed Forces, the Judicial
Service, the Legal Service, the
Civil Service, the Audit Service,
the Parliamentary Service, the
Statistical Service, the Fire
Service, the Customs, Excise and
Preventive Service, the
Immigration Service, or the
Internal Revenue Service; or
(c) is a chief; or
(d) has not declared his assets in
accordance with the provisions of
the Public and Political Office
Holders (Declaration of Assets and
Eligibility) Law, 1992 (PNDCL
280).
Section 2—Qualifications and
Disqualifications of
Vice-President.
The qualifications and
disqualifications specified in
section 1 of this Law shall apply
to a candidate for the office of
Vice-President.
Section 3—Election of President.
(1) No person shall be a candidate
in a presidential election unless
he is nominated for election as
President by a document which—
(a) is signed by him;
(b) is signed by not less than two
persons who are registered voters
resident in the area of authority
of each district assembly;
(c) is delivered to the
Commission on or before the day
appointed as nomination day in
relation to the election; and
(d) designates a person to serve
as Vice-President.
(2) The document referred to in
subsection (1) of this section
shall be accompanied with—
(a) a statutory declaration in the
form specified in the Schedule to
this Law made by the candidate;
and
(b) a deposit of such sum as the
Commission shall direct.
(3) The statutory declaration
shall be made before a magistrate,
notary public, commissioner for
oaths or any other person
authorised by law to administer an
oath who shall certify it under
his signature.
(4) The Statutory declaration
provided in paragraph (a) of
subsection (2) shall also be made
by a person seeking election as
Vice-President.
(5) A person who makes a statutory
declaration under this section
which he knows to be false in a
material particular or recklessly
whether it is true or not, shall
be guilty of an offence and liable
on summary conviction to a fine
not exceeding ¢1 million or a term
of imprisonment not exceeding two
years or both and his deposit
shall be forfeited to the State.
(6) Subject to subsection (5) of
this section, a deposit made by a
candidate under this section shall
be refunded to him if he polls
more than twenty-five per cent of
the total votes cast in the
election.
Section 4—Election Result for
Presidency.
(1) A person shall not be elected
as President of Ghana unless at
the presidential election the
number of votes cast in his favour
is more than fifty per cent of the
total number of valid votes cast
at the election.
(2) Where at a presidential
election there are more than two
candidates and no candidate
obtains the number or percentage
of votes specified in subsection
(1) of this section, a second
election shall be held within
twenty-one days after the previous
election.
(3) The candidates for a
presidential election under
sub-section (2) of this section
shall be the candidates who
obtained the two highest numbers
of votes at the previous election,
and the candidate who obtains the
highest number of votes shall be
declared elected.
(4) An instrument which—
(a) is executed under the hand of
the Chairman of the Commission;
and
(b) states that the person named
in the instrument was declared
elected as the President of Ghana
at the election of the President,
shall be prima facie evidence that
the person named was so elected.
Section 5—Challenge of Election of
President.
(1) The validity of the election
of the President may be challenged
only by a citizen of Ghana who may
present a petition for the purpose
to the Supreme Court within
twenty-one days after the
declaration of the result of the
election in respect of which the
petition is presented.
(2) A declaration by the Supreme
Court that the election of the
President is not valid shall be
without prejudice to anything done
by the President before the
declaration.
(3) The Rules of Court Committee
may, by legislative instrument,
make Rules of Court for the
practice and procedure for
petitions to the Supreme Court
challenging the election of a
President.
(4) Until rules are made under
subsection (3) of this section,
the Supreme Court may direct the
procedure to be followed in
relation to the presentation and
hearing of a petition for the
purposes of this Law.
Section 6—Application of Register
of Voters and other Electoral
Laws.
(1) The register of voters
compiled under the Public
Elections (Registration of Voters)
Regulations, 1995 (C.I. 12) shall
apply for the purposes of election
to the office of the President.
(2) The Public Elections
Regulations, 1996 (C.I. 15) shall
apply as specifically provided
therein for the purpose and also
with such modifications as may be
necessary to the conduct of an
election to the office of the
President.[As substituted by the
Presidential Elections (Amendment)
Act, 1996 (Act 520), s.(a)]
Section 7—Interpretation.
In this Law unless the context
otherwise requires—
"Commission" means the Electoral
Commission.[As amended by the
Presidential Elections (Amendment)
Act, 1996 (Act 520), s.(b)]
"nomination day" means the day
appointed for the nomination of
candidates by the Commission.
Section 8—Repeals.
The following enactments are
hereby repealed—
Presidential Elections Decree,
1979 (SMCD 228);
Presidential Elections (Amendment)
Decree, 1979 (SMCD 232);
Presidential and Members of
Parliament (Elections) (Amendment)
Decree, 1979 (AFRCD 1); and
Presidential Elections (Challenge)
Decree, 1979 (AFRCD 2).
SCHEDULE
(Section 3(2))
STATUTORY DECLARATION OF A PERSON
NOMINATED AS A CANDIDATE FOR
ELECTION AS PRESIDENT/VICE
PRESIDENT OF GHANA
I,
...................................................
do solemnly and sincerely declare
that—
1. I am a citizen of Ghana by
birth.
2. I have attained the age of
forty years.
3. I am registered as a voter with
registration number
........................................................
4. I do not owe allegiance to any
country other than Ghana.
5. (i) I am resident in
.................................................................................................
constituency for which I can stand
as a candidate for election to
Parliament; or
(ii) I have resided in
...................................................................................................
constituency for a total period of
not less than five years out of
the ten years immediately
preceding the elections for which
I am standing; or
(iii) I hail from
............................................................................................................
constituency, (delete where
inapplicable).
6. (i) I have paid all my
taxes; or
(ii) I have made arrangements
satisfactory to the appropriate
authority for the payment of my
taxes, (delete where
inapplicable).
7. I have not been adjudged or
otherwise declared—
(i)
bankrupt under any law in force in
Ghana from which I have not been
discharged; or
(ii) to be of unsound mind or
detained as a criminal lunatic
under any law in force in Ghana.
8. I have not been convicted—
(i)
for treason or for an offence
involving the security of the
State, fraud, dishonesty or moral
turpitude; or
(ii) for any other offence
punishable by death or a sentence
of ten years or more; or
(iii) for an offence relating to
or connected with election under a
law in force in Ghana at any time.
9. I have not been found by the
report of a commission or a
committee of inquiry to be
incompetent to hold public office.
I am not a person in respect of
whom a commission or a committee
of inquiry has found that while
being a public officer I acquired
assets unlawfully or defrauded the
state or misused or abused my
office or wilfully acted in a
manner prejudicial to the interest
of the state and the findings have
not been set aside on appeal or
judicial review.
10. I have declared my assets in
accordance with the provisions of
the Public and Political Party
Office Holders (Declaration of
Assets and Eligibility) Law, 1992
(PNDCL 280).
11. I am not under sentence of
death, or other sentence of
imprisonment imposed on me by any
court.
12. I am not disqualified to be
registered as a voter under the
provisions of any law relating to
public elections.
13. I am not disqualified for
election by any law in force in
Ghana by reason of my holding or
acting in any office the functions
of which involve a responsibility
for or in connection with the
conduct of an election or any
responsibility for the compilation
or revision of any electoral
register.
14. I am not a member of the
Police Service, the Prisons
Service, the Armed Forces, the
Audit Service, the Fire Service,
the Legal Service, the
Parliamentary Service, the
Statistical Service, the Customs,
Excise and Preventive Service, the
Immigration Service or the
Internal Revenue Service.
15. I am not a chief.
16. I am not otherwise
disqualified from standing for the
election by any law in force in
Ghana.
I make this solemn declaration
knowing and believing the same to
be true.
Subscribed and solemnly declared
by me
...........................................................................
.........................................................................................................................................
....................................Candidate
Before
..............................................
............................
19.............
Made this 24th day of July, 1992.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council.
Date of Gazette Notification: 7th
August, 1992.
amended by
PRESIDENTIAL ELECTIONS (AMENDMENT)
ACT, 1996 (ACT 520).1
|
