ACTS OF GHANA

          THE SUPREME COURT (AMENDMENT) RULES, 2012           C I. 74

IN EXERCISE of the powers conferred on the Rules of Court Committee by clause (4) of article 33, clause (3) of article 64 and clause (2) of article 157 of the Constitution, these Rules are made this 9th day of January, 2012.

Amendment of C.1. 16

1. The Supreme Court Rules, 1996 C.1. 16 as amended by the Supreme Court (Amendment) Rules, 1999 (C.I 24), is hereby amended,

(a) by substituting for Part VIII, the following new Part VIII:

"PART VITI-CHALLENGE OF ELECTION OF PRESIDENT

Petition for challenge

68. (1) A proceeding pursuant to clause (1) of article 64 of the Con­stitution shall be commenced by presenting to the Registrar a petition in the Form 30 set out in Part V of the Schedule.

(2) The petition shall be presented within twenty-one days after the declaration of the results of the election in respect of which the petition is presented.

(3) The petition shall state

(a) the full name and particulars of the citizenship of the petitioner, and how the citizenship was acquired,

                           (b)   the residential and the electronic and the telegraphic address, where available, of the petitioner, and the business address of counsel for the petitioner, where the petitioner is represented by counsel,

                           (c)    the grounds for challenging the validity of the election,

(d) the facts relied on, to be verified by an affidavit, and the law in support of the petition,

(e) the number of witnesses to be called, and

(f) any other matters that the Court may determine. (4) The petition shall be divided into paragraphs and numbered consecutively.

(5) Each of the paragraphs shall be confined to a distinct portion of the petition.

(6) The petition shall conclude by setting out the reliefs sought by the petitioner.

Mode of presentation

68A. (1) A petition shall be filed with the Registrar within twenty­one days of the declaration of the results of the election in respect of which the petition is presented.

(2) The petitioner shall provide not less than seven copies of the petition for the use of the Justices of the Court and for service on all of the respondents and on the Electoral Commission, unless the Electoral Commission is a respondent in the proceedings.

(3) The petitioner, at the time of presenting the petition, shall pay the relevant fee and deposit as set out in the Civil Proceedings (Fees and Allowances) Rules, 2003 (C.I. 43).

Service

68B. (1) The Registrar shall, as soon as practicable after the filing of the petition, serve a copy on each of the respondents, on the Electoral Commission, unless the Electoral Commission is a respondent in the proceedings.

(2) The service of document referred to in subrule (I) on a respondent, is personal service except as provided in subrules (4) and (5).""

(3) Where an order for substituted service is not made under subrule (5), the Registrar shall post on the notice board of the Court a copy of the petition, and shall publish, at the cost of the petitioner, a copy of the petition in two daily newspapers with nationwide coverage.

(4) Where personal service on a respondent cannot be effected within two days from the date of the acceptance of the petition, the petitioner shall make an application to the Court supported by an affidavit, stating that reasonable efforts have been made to effect personal service on the respondent but without success.

(5) The Court on being satisfied, on an application made under subrule (4), that reasonable efforts have been made to effect personal service on the respondent but without success, shall make an order specifying the mode of service.

Respondent's address for service

69. (1) A respondent on whom a petition is served shall, within three days after service of the petition, file in the Form 31 set out in Part V of the Schedule, a notice of appearance personally or by counsel and shall, in the notice of appearance, give particulars of the address of the respondent and the business address of counsel for the respondent.

(2) Where the respondent fails to comply with subrule (1), the Registrar shall post the subsequent documents relating to the' proceedings and intended for the respondent on the notice board of the Court.

(3) For the purposes of these Rules, the posting of the documents on the notice board of the Court constitutes sufficient service on the respondent.

Respondents' answer and preliminary objection

69A. (1) A respondent who wants to oppose the petition

                          (a)    shall, within ten days after the petition is served, file an answer to the petition, and

(b) may, in the answer, raise a preliminary objection.

(2) The answer shall contain a statement of the facts on which the respondent intends to rely, verified by an affidavit, and for the answer as well as for the preliminary objection, state the law in support of the legal arguments to be relied on.

(3) The respondent shall provide not less than seven copies of the answer for the use of the Justices of the Court and for service

(a) on all of the parties,

                          (b)     on any other respondent or person as directed by the Court, and

(c) on the Electoral Commission, unless the Electoral Commission is a respondent in the proceedings. (3) The Registrar shall, as soon as practicable, after the filing of the answer by the respondent, serve a copy on the petitioner, the Electoral Commission and on any other person as directed by the Court.

(4) The respondent may apply to the Court for further and better particulars of the petition on filing the answer(5) The petitioner shall, subject to the directions of the Court, supply the particulars requested under subrule (4) before the date set for the hearing of the petition.

Electronic service

69B. (1) A document required to be served under this Part may be sent electronically.

(2) Where a document is served electronically, a hard copy of . the document shall be sent to the Registrar for verification purposes.

Hearing

69C. (1) Where the petition and answer are duly served and the application for further and better particulars has been determined, the Court shall hear the petition within fifteen days after due service of the petition on the respondent.

(2) The Registrar shall give notice of the time and place of the hearing, within forty-eight hours of the Court fixing the date for the hearing of the petition,

                           (a)      by posting up the notice on the notice board of the Court, and

                           (b)      by sending a copy of the notice to each party to the proceedings, and the Electoral Commission, unless the Electoral Commission is a respondent in the proceedings

(3) Subject to the Constitution and any other enactment" the hearing of a petition shall take place in open court and the Court is duly constituted by not less than five Justices of the Court.

(4) The Court shall inquire into and determine the petition expeditiously and shall give its decision not later than fifteen days from the close of hearing.

(5) The Court shall sit from day to day, including Saturdays, Sundays and public holidays.

(6) The Registry of the Court shall stay open on Saturdays, Sundays and public holidays to facilitate the filing and service of documents connected with the proceedings on the petition.

(7) The Court may, in exceptional cases, on an application by a party to a petition or of its own motion, adjourn the hearing of a petition.

(8) With the leave of the Court, a person who has sworn to an affidavit which is before the Court may be cross-examined by the opposing party and re-examined by the party on behalf of whom the affidavit is sworn.

(9) The Court may examine a witness or call and examine or recall a witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision.

(10) A person summoned as witness by the Court may be cross­examined by the parties to the petition.

Consolidation of petition

70. Where two or more petitions are presented in relation to the same election, the Court may direct that some or all of the petitions be dealt with as one petition.

Extension or abridgment of time

70A. The Court may, of its own motion or on an oral application by a party to the proceedings, extend or abridge the time appointed by these Rules for the doing of an act if the justice of the case so requires, or there exist special circumstances which make it expedient to do so.

Death of petitioner

70B. (1) A petition does not abate on the death of a sole petitioner or on the death of the survivor of two or more petitioners.

(2) On being satisfied as to the death of a sole petitioner or the survivor of several petitioners, the Registrar shall post a notice of the death on the notice board of the Court and, as soon as possible, publish the information of the death in two daily newspapers with nationwide coverage.

Death of respondent

71. Where the respondent to a petition dies, the petition does not abate on that ground and the hearing of the petition shall continue.

Withdrawal of petition

7IA (1) A petitioner shall not withdraw a petition unless with the leave of the Court and after due notice has been given as directed by the Court. (2) Where there are more than one petitioner, an application for leave to withdraw the petition shall not be made without the consent in writing of the other petitioners.

(3) An application for leave to withdraw a petition shall be supported by an affidavit.

No review

7IB Rule 55 does not apply to a decision of the Court in respect of a petition presented to challenge the election of a President.";

(b) by inserting in the appropriate alphabetical order the following definitions:

''''answer'' means the reply to a petition in opposition to the petition;

"election" means a presidential election conducted under article 63 of the Constitution and to which a petition relates; "Electoral Commission" means the Electoral Commission established by article 43 of the Constitution;

"petition" includes an election petition and the affidavit required by these Rules to support the petition;

"Registrar" means the Registrar of the Supreme Court;

"respondent" includes the person whose election is challenged by a petition and the Electoral Commission where the petitioner complains of the conduct of the Electoral Commission," ;

(c) by adding at the end of the Form 29 of the Schedule, the following Part V:

                                           PART V

              ELECTION PETITION FORMS FORM 30

            THE SUPREME COURT OF THE REPUBLIC OF GHANA

           SUPREME COURT RULES, 1996 (C.1. 16)

               PRESIDENTIAL ELECTION PETITION

Presidential Election held on the ..... day of ............................... 20 .... .

    The petition of AB of ......................................... (or of AB of

............................................. and

          CD of.. ................................................................ ) whose name(s) is

(or are) stated at the foot of this petition.

(1) The petitioner(s) states (state) that at the election AB, KT, MY, were candidates and the Electoral Commission has returned AB as validly elected.

(2) The petitioner(s) says (say) that (here state grounds relied on by the petitioner(s).

Therefore your petitioner(s) prays (pray) that the Supreme Court declares (a) that AB was not validly elected, and

(b) that KT was validly elected;

(c)

Dated this ............................. day of ................................ 20 ...... signed

address for service is . . .. . . .. .. ................................ occupier ............. .

                The name(s) of my (or our) counsel is (are) ...........................            .

                I am (or we are) acting for myself or (ourselves) ................... .

                The addresses of the respondent(s) is (are) .......................... .

Signed:                                              .

N.B. The petition must be accompanied with an affidavit setting out the facts on which the  petition is based.

                                 FORM 31

IN THE SUPREME COURT OF THE REPUBLIC OF GHANA

THE SUPREME COURT RULES 1996 (C.I.I6)

                               PRESIDENTIAL ELECTION PETITION

                             NOTICE OF APPEARANCE

         NOTICE is hereby given that the Respondent(s) has (have) on

this ............. day ……………………………  filed in the Registry of

the Supreme Court notice of appearance in respect of the petition of

......................................................................................   numbered as

Suit No ............................. .

                                                                          ……………………………..

Respondent( s)

                                                      FORM 32

IN THE SUPREME COURT OF

THE REPUBLIC OF GHANA

SUPREME COURT RULES 1996 (C.I.16)

                                                       PRESIDENTIAL ELECTION PETITION

                                                       NOTICE OF WITHDRAWAL

NOTICE is hereby given that the petition of.. ........................ .

........ ............................................ of ........................... filed in the

Registry ofthe Supreme Court on the .................... .

day of .................................................................. and numbered

Suit No .................... .

is with the leave of the Court hereby withdrawn.

                                                   ……………………………….

Signed

(d) by substituting in the Arrangement of Rules for "Part VIII-

CHALLENGE OF ELECTION OF PRESIDENT" the following:

"PART VIII - CHALLENGE OF ELECTION OF PRESIDENT"

 68. Petition for challenge

 68A. Mode of presentation

68B. Service

69.  Respondents address for service

69A. Respondent's answer

 69B. Electronic service

69C Hearing

70 Consolidation of petition.

70A. Extension or abridgement of time

 70B. Death of petitioner

71 Death of respondent

. 71A Withdrawal of petition

71B No review".

The Han. Mrs. Georgina T. Wood

The Chief Justice

The Han. Martin A. B. K. Amidu

The Attorney-General and Minister for Justice

The Han. Justice S. A. B. Akuffo

Justice of the Supreme Court

The Han. Justice J. B. Akamba

Justice of the Court of Appeal, Accra

The Han. Justice E. K. Mensah

Justice of the High Court, Accra

Col. Mahama Iddrisu

Ministry of Defence, Cantonments, Accra

D. R. K. Sankah, Esq,

Editor, Council for Law Reporting, Accra

Vincent Kizito Beyuo Esq,

Beyuo Jumu & Co. Fountain Chambers, No. 153 South La Estates  La, Accra

Miss Hamida Nuhu

Kulendi @ Law, No. 10 Narku Ipan Street Airport - Accra

                             Date of Gazette notification: 14th August, 2012

                   Entry into force: 28th September, 2012

GPCLI ASSEMBLY PRESS, ACCRA. GPCLI A806/350/11l2012

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