The NDC in its writ says the EC does not have the mandate to compile a new voters register for just about every common elections.
In a writ invoking the original jurisdiction of the court, the NDC is looking for a real and appropriate interpretation of Posting 45(a) of the 1992 Structure, on whether or not the EC has “the constitutional electricity to, and can, compile a register of voters only when, and thereafter revise it periodically, as may possibly be determined by legislation”.
It is also even more in search of a declaration on no matter if the EC “can only revise the current sign up of voters, and lacks the energy to put together a contemporary sign up of voters, for the carry out of the December 2020 Presidential and Parliamentary Elections”.
The NDC is also praying the courtroom for an buy directed at the EC, to involve “all present voter identification playing cards duly issued by the 2nd Defendant (EC) as a single of the files serving as evidence of identification for registration as a voter for the uses of public elections”.
It is also trying to get a “declaration that, upon a real and right interpretation of the provisions of the Constitution, especially article 42, on the registration of and issuance of a voter identification card to a man or woman, that human being has an accrued right to vote which cannot be divested in an arbitrary and capricious way”.
A declaration that upon a legitimate and proper interpretation of the provisions of the Constitution, notably Post 42 of the Structure, all present voter identification playing cards duly issued by the 2nd Defendant to registered voters are valid for purposes of determining these kinds of individuals in the exercising of their ideal to vote.
The plaintiff is even further trying to find a “declaration that upon a correct and right interpretation of the Structure, specially Posting 42, the 2nd Defendant’s purported modification of Regulation 1 sub regulation 3 of the General public Elections (Registration of Voters) Polices, 2016 (C.I 91) through the General public Elections (Registration of Voters)(Modification) Laws, 2020 to exclude existing voter identification playing cards as proof of identification to empower a man or woman implement for registration as a voter is unconstitutional, null and void and of no effect by any means.
“A declaration that the 2nd Defendant (EC), in purporting to work out its powers pursuant to report 51 of the 1992 Structure to exclude the existing voter identification playing cards from the documents essential as proof of identification to enable a particular person sign-up as a voter without having any justification is arbitrary, capricious, unreasonable and contrary to post 296 of the 1992 Constitution
“A declaration that on a true and appropriate interpretation of the Constitution exclusively Post 42 of the 1992 Structure, proof of identification for registration as a voter ought to not be confined by the provisions of Community Elections (Registration of Voters) (Amendment) Regulations, 2020″
