Courts should be the final arbiter in election disputes – Asiedu Nketiah

Johnson Asiedu Nketiah, the National Chairman of the National Democratic Congress (NDC), has emphasized the vital role the judiciary should play in resolving election disputes in Africa. Speaking at the Goodluck Jonathan Foundation Democracy Dialogue in Bauchi, Nigeria, Mr. Nketiah argued that the judiciary should not be sidelined from political affairs, particularly when it comes to settling election-related disputes.

Trust and confidence in the judiciary are crucial, he asserted, and the courts should take steps to improve their relationship with the public.

He cited examples from Kenya and Malawi, where the judiciary has played a significant role in resolving election disputes, and urged other African nations to follow suit. Nketiah believes that courts should be the "final arbiter" in such situations, stating that it is not an act of usurpation but rather a way to respect the will of the people.

Reflecting on Ghana's experience, he referenced the 2012 presidential election petition where the Supreme Court dismissed a case brought by the New Patriotic Party (NPP) with a five-to-four majority.

To bolster public confidence, Nketiah suggested that the judiciary should be open to criticism, maintain consistency in its decisions, and remain fair regardless of the political parties involved. He also called for political parties to expand their role beyond being mere election machines and contribute more to policy development and holding governments accountable. The NDC chairman argued that both political parties and the judiciary have a shared responsibility to safeguard democracy.

Regarding the appointment of judges, Nketiah proposed that they should be provided with state-funded accommodation without becoming property owners. He emphasized that judges' housing should be provided by the state, and they would leave when they retire. The NDC leader's comments were part of a broader discussion on how political parties and the judiciary can work together to save African democracy.