Constitutional Instruments In Ghana

A constitutional Instrument is an instrument made under a power confered in that behalf by the constitution.

Constitutional Instrument (C.I) 94 states that the presiding officer shall maintain order at the polling station assigned to him or her.

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The presiding officer may authorise a security officer to immediately remove from a polling station, a person who behaves in a manner that disrupts proceedings at the polling station or who fails to obey the lawful orders of the presiding officer, and that person shall not be allowed to enter the polling station on the polling day without the permission of the presiding officer.

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This constitutional Instrument also stipulates that, a person who has been removed from a polling station may, if charged with the commission of an offence, be dealt with as a person taken into custody by a police officer for an offence without a warrant.

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However, it enunciates that, the powers conferred by this regulation shall not be exercised to prevent a voter who is entitled to vote at a polling station from having the opportunity to vote at that station.

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On the issue of identification and verification of voters, C.I 94 states that a polling station assistant may, before delivering a ballot paper to a person who is to vote at the election, requires that person to produce a voter identification card in order to establish that the person is the registered vote whose name and voter identification number and particulars appear in the Register.

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It adds that in the absence of a voter identification number, the polling assistant shall identify the name and particulars of the voter as recorded in the name reference list.

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The polling assistant shall scan the barcode of the voter in order to establish by facial recognition the identity of the voter.

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Furthermore, it postulates that the voter shall go through a biometric verification process through the use of the biometric verification device. Where the biometric verification device fails to verify a registered voter and the ‘’red light” is shown with a voice message “REJECTED”.

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