The rationale for the suffrage, pursuant to article 42 of the 1992 Constitution, as well as the constitutional responsibility which devolves upon the 2nd Defendant to ensure its strict compliance was clearly articulated by this court in the case of Tehnn-Addy v Electoral Commission (supra). This court speaking through Acquah JSC, as he then was, observed: order to give meaning and content to the exercise of this sovereign “…In power by the people of Ghana, article 42 guarantees the right to vote to every sane citizen of eighteen years and above. The exercise of this right of voting, is therefore indispensable in the enhancement of the democratic process, and cannot be denied in the absence of a constitutional provision to that effect. A heavy responsibility is therefore entrusted to the Electoral Commission under article 42 of the Constitution in ensuring the exercise of constitutional right to vote. For in the exercise of this right, the citizen is able not only to influence the outcome of the elections and therefore the choice of a government but also he is in a position to help influence the course of social, economic and political affair thereafter. He indeed becomes involved in the decision-making process at all levels of governance.” A meaningful actualisation of the article 42 rights requires inter alia, that the 2nd Defendant establishes credible and reliable structures, systems, processes and procedures for translating the constitutionally guaranteed rights into reality. These mechanisms- structures, systems, processes and procedures- must be such as on balance, would guard, protect and preserve the sanctity and credibility of the rights guaranteed there under. A perfect electoral system is obviously utopian; hence the notion that the structures should, on balance, not undermine, detract from, dilute, nor whittle down the right to qualify to be registered, the first crucial step that would enable the citizen to vote. Without that, the entrenched right to the franchise remains an illusion.
The rationale for the suffrage, pursuant to article 42 of the 1992 Constitution, as well as the constitutional responsibility which devolves upon the 2nd Defendant to ensure its strict compliance was clearly articulated by this court in the case of Tehnn-Addy v Electoral Commission (supra). This court speaking through Acquah JSC, as he then was, observed: “…In order to give meaning and content to the exercise of this sovereign power by the people of Ghana, article 42 guarantees the right to vote to every sane citizen of eighteen years and above. The exercise of this right of voting, is therefore indispensable in the enhancement of the democratic process, and cannot be denied in the absence of a constitutional provision to that effect. A heavy responsibility is therefore entrusted to the Electoral Commission under article 42 of the Constitution in ensuring the exercise of constitutional right to vote. For in the exercise of this right, the citizen is able not only to influence the outcome of the elections and therefore the choice of a government but also he is in a position to help influence the course of social, economic and political affair thereafter. He indeed becomes involved in the decision-making process at all levels of governance.” A meaningful actualisation of the article 42 rights requires inter alia, that the 2nd Defendant establishes credible and reliable structures, systems, processes and procedures for translating the constitutionally guaranteed rights into reality. These mechanisms- structures, systems, processes and procedures- must be such as on balance, would guard, protect and preserve the sanctity and credibility of the rights guaranteed there under. A perfect electoral system is obviously utopian; hence the notion that the structures should, on balance, not undermine, detract from, dilute, nor whittle down the right to qualify to be registered, the first crucial step that would enable the citizen to vote. Without that, the entrenched right to the franchise remains an illusion.