|
RESIDENTIAL ELECTION (CHALLENGE)
RULES, 1970 (CI 10)
ARRANGEMENT OF RULES
Rule
1. Application of rules.
2. Persons who may apply to the
court for determination.
3. Manner of application.
4. Time for submitting petition.
5. Answer to petition.
6. Evidence.
7. Appearance by counsel.
8. Announcement of decision.
9. Enactments relating to civil
appeals to apply.
10. Court to give general
directions.
IN exercise of the powers
conferred on the Rules of Court
Committee by clause (5) of article
42 and subsection (2) of section 5
of the First Schedule of the
Constitution these Rules are made
this 7th day of August, 1970.
Rule 1—Application of Rules.
These Rules shall apply to the
determination by the Court of
Appeal (in these Rules referred to
as "the Court") under section 5 of
the First Schedule to the
Constitution of any question as to
the validity of the election of
the First President of Ghana in so
far as that question depends upon
the qualification of any person
for election as President or the
interpretation of the
Constitution.
Rule 2—Persons Who may Apply to
the Court for Determination.
No proceedings shall be instituted
for the determination of the
question referred to in Rule 1
except by a person who—
(a) is a citizen of Ghana, and
(b) was a candidate in the
election for the election of the
First President of the Second
Republic of Ghana, or
(c) claims to have had the right
to be nominated, or elected for
the purposes of or as a result of
such election, or
(d) claims to have nominated a
candidate for such election.
Rule 3—Manner of Application.
(1) A person who wishes to apply
to the Court for the determination
of the question referred to in
Rule 1 shall submit to the
Registrar of the Court four copies
of a petition on that behalf
signed by him or by his Solicitor.
(2) The petition shall state—
(a) the full name and address of
the petitioner, and
(b) the question which he requires
the Court to determine and his
grounds for the request, and
(c) details of any facts in
support of his case, and the
witnesses if any, on whom he
intends to rely for the proof of
such facts, and
(d) that he is a person who is
entitled to apply to the Court
under Rule 2; and
(e) such other matters as the
Court may determine.
(3) A copy of the petition shall
be served on the Attorney-General
and also on such other persons as
the Court may direct.
Rule 4—Time for Submitting
Petition.
A
petition under Rule 3 shall be
submitted to the Registrar within
seven days after the declaration
of the result of the election in
respect of which petition is
presented.
Rule 5—Answer to Petition.
Any person upon whom a petition is
served under rule 3 (3) may submit
to the Court within seven days
after service of the petition on
him an answer to the petition
which shall be served on the
Attorney-General, the petitioner
and such other persons as the
Court may direct.
Rule 6—Evidence.
(1) Any party to the proceedings
shall be entitled to call any
witness in support of his case.
(2) The Court may call any witness
whose evidence is, in the opinion
of the Court, likely to be
relevant to the proceedings before
the Court.
(3) The Court may also receive
evidence by affidavit or in such
other form as the Court may
direct.
Rule 7—Appearance by Counsel.
Any party to the proceedings or
any person whose conduct is
affected by the proceedings shall
be entitled to be represented by
Counsel.
Rule 8—Announcement of Decision.
The Court shall at the conclusion
of the proceedings announce its
decision in open Court shall
within seven days after the Court
has given its decision forward a
copy of the decision to the
Presiding Officer of the election
to which the decision relates.
Rule 9—Enactments Relating to
Civil Appeals to Apply.
Any enactment relating to the
hearing of civil appeals by the
Court shall, with such
modifications as the Court may
direct be applied to proceedings
under these Rules in respect of
any matter not expressly regulated
by these Rules.
Rule 10—Court to Give General
Directions.
The Court may give such directions
for the purposes of proceedings
brought under these Rules as in
the opinion of the Court the
justice of the case may require.
E. AKUFFO-ADDO
Chief Justice and Chairman of the
Rules of Court Committee
E. S. AIDOO
Judicial Secretary and Secretary
of the Rules of Court Committee
Date of Gazette Notification: 10th
August, 1970.
|
