REFERENDUM ACT - 1977 (SMCD 143).

    • (1) For the purpose of conducting a referendum the Electoral Commissioner shall divide every constituency or area into polling divisions and a polling division may be divided into as many polling stations as the Electoral Commissioner may direct.

      (2) Where the boundaries of a constituency or area are varied, and in any other circumstances in which the Electoral Commissioner thinks it appropriate so to do, he may alter the number and area of polling divisions within a constituency or area.

      (3) Whenever the Electoral Commissioner divides a constituency or area into polling divisions or alters the number or area of polling divisions within a constituency or area, he shall, by legislative instrument, specify the polling divisions or the alteration which has been made, as the case may be.

    • (1) The Electoral Commissioner shall appoint a returning officer for each constituency or area as occasion requires.

      (2) A returning officer may with the prior approval of the Electoral Commissioner, appoint a deputy to be known as the deputy returning officer as he thinks necessary.

      (3) Subject to any directions given by the Electoral Commissioner, any powers conferred or any functions imposed by this Decree on a returning officer may be exercised or performed by his deputy and, to the extent that they are authorised in writing so to do by the returning officer, by his assistants.

    • (1) There shall be a divisional register for each polling division or ward.

      (2) The divisional registers of all the polling divisions in a constituency or area shall together form the register of the constituency or area.

    • Any person who,

      (a) forges or fraudulently defaces or fraudulently destroys any document relating to the holding of a referendum, or alters any such document or delivers to the returning officer any document, knowing the same to be forged, or

      (b) forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper, or

      (c) without due authority supplies any ballot paper to any person, or

      (d) sells or offers to sell any document relating to the holding of a referendum without due authority to any person or purchases or offers to purchase any such document from any person, or

      (e) not being a person entitled under the provisions of this Decree to be in possession of any document relating to the holding of a referendum, has any such document in his possession, or

      (f) knowingly and intentionally puts into any ballot box anything other than the ballot paper which he is authorised by law to put in, or

      (g) without due authority, takes out of a polling station any ballot paper or other document relating to a referendum or is found in possession of any ballot paper or such document outside a polling station, or

      (h) without due authority, destroys, takes, opens, or otherwise interferes with any ballot box, ballot document or other property in use or intended to be used for the purposes of a referendum, or

      (i) without due authority, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at a referendum, or

      (j) not being authorised so to do under the provisions of this Decree, makes any mark on a ballot paper issued to a person, other than himself, with intent that such ballot paper shall be used to record the vote of such other person, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding five years.

    • Any person who knowingly,

      (a) votes at a referendum at which he is not entitled to vote, or

      (b) votes more than once at a referendum,

      commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding five years.

    • Any referendum officer, clerk, interpreter or other person having any duty to perform whether in pursuance of this Decree or otherwise, in relation to a referendum who-

      (a) makes in any record, return of other document which he is required to keep or make in pursuance of this Decree any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true, or

      (b) permits any person whom he knows or has reasonable cause to believe not to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons, or

      (c) refuses to permit any person whom he knows or has reasonable cause to believe to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons, or

      (d) wilfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote, or

      (e) wilfully, rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast in favour of an issue, or

      (f) wilfully counts any ballot paper as being cast in favour of an issue which he knows or has reasonable cause to believe was not validly cast for such issue, or

      (g) without reasonable cause acts or omits to act in breach of his official duty,

      commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding five years.

    • (1) Every referendum officer clerk or interpreter attending at a polling station shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person any information as to:-

      (a) the name of any voter who has or has not applied for a ballot paper or voted at a polling station; or

      (b) the number on the register of any voter who has or has not applied for a ballot paper or voted at a polling station; or

      (c) the official mark.

      (2) Every person attending at the counting of votes shall maintain and aid in maintaining the secrecy of voting and shall not communicate any information obtained at the counting of the votes as to the issue for which any vote is given on any particular ballot paper.

      (3) No person shall:-

      (a) interfere with or attempt to interfere with a voter when recording his vote; or

      (b) otherwise obtain or attempt to obtain in a polling station information as to the issue in favour of which a voter in that station is about to vote or has voted; or

      (c) communicate at any time to any person any information obtained in a polling station as to the issue in favour of which a voter in that station has voted or is about to vote, or as to the number on the ballot paper given to a voter at that station; or

      (d) directly or indirectly induce a voter to display his ballot paper after he has marked or selected it so as to make known to any person the issue in favour of which he has or has not voted.

      (4) No person who has undertaken to assist-

      (a) a blind voter to vote, or

      (b) a voter who is incapacitated from voting by any other physical cause to vote, shall communicate at any time to any person information as to the issue in favour of which that voter intends to vote or has voted, or as to the number on the ballot paper for the use of that vote.

      (5) Any person who contravenes any provision of this section commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding five years.

    • A person commits the offence of personation if he-

      (a) votes as some other person, whether that other person is living or dead or is a fictitious person, or

      (b) votes for a person whom he knows or has reasonable grounds for supposing to be dead or is a fictitious person.

    • A person commits the offence of bribery -

      (a) if he directly or indirectly by himself or by any other person on his behalf -

      (i) gives any money or procures any office to or for any other person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting; or

      (ii) corruptly does any such act on account of any voter having voted or refrained from voting, or

      (iii) gives any such money or makes any such procurement to or for any person in order to induce that person to procure, or endeavour to procure, the declaration of a majority of votes in favour of an issue or the vote of any voter; or

      (b) if upon or in consequence of any gift or procurement he procures or agrees, promises or endeavour to procure the declaration of a majority of votes in favour of an issue or the vote of any voter; or

      (c) if he advances or pays any money or causes any money to be paid to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at a referendum, or knowingly pays any money or causes any money to be paid to any person in discharge or repayment of any money wholly or in part expended in bribery at a referendum; or

      (d) if before or during a referendum he directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration or any office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting; or

      (e) if after a referendum he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting.

      (2) For the purposes of subsection (1) of this section-

      (a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure any money or valuable consideration; and

      (b) references to procuring office include references to giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure any office, place or employment.

    • A person commits the offence of treating-

      (a) if he corruptly by himself or by any other person either before, during or after a referendum directly or indirectly gives or provides or pays wholly or in part the expenses of giving or providing any meat, drink, entertainment or provision to or for any person;

      (i) for the purposes of corruptly influencing that person or any other person to vote or refrain from voting; or

      (ii) on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting;

      (b) if he corruptly accepts or takes any meat, drink, entertainment or provision offered in the circumstances and for the purposes mentioned in paragraph (a) of this section.

    • A person commits the offence of undue influence-

      (a) if he directly or indirectly by himself or by any other person on his behalf,

      (i) makes use of, or threatens to make use of, any force, violence or restraint, or

      (ii) inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

      (b) if by abduction, duress or any fraudulent device or contrivance he impedes or prevails upon a voter either to vote or to refrain from voting.

    • Any person who is guilty of an offence under section 8, 9, 10 or 11 shall upon summary conviction, be liable to a term of imprisonment not exceeding five years.

    • (1) During the hours when a poll is open upon polling day no person shall, within four hundred metres of any polling station, seek to influence, in whatever manner, any person to vote for an issue or to ascertain for which issue any voter intends to vote or has voted.

      (2) During the hours when a poll is open on polling day no person shall, within four hundred metres of any polling station, sell any intoxicating liquor.

    • Any person who contravenes any provision of section 13 commits an offence and shall be liable on summary conviction to a term of imprisonment not exceeding twelve months.

    • (1) Any person who without lawful excuse, the proof whereof shall be on him, destroys, mutilates, defaces or removes any notice which is exhibited under the authority of this Decree or any document which is made available for inspection in pursuance of this Decree commits an offence and shall be liable on conviction to a term of imprisonment not exceeding six months.

      (2) A Court convicting a person of an offence under the provisions of this section shall, within fourteen days of the said conviction, report the same in writing to the Electoral Commissioner.

    • Any person who wilfully obstructs or interferes with a referendum officer in the execution of his duty commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three years.

    • Any person who prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard, poster or any such document which refers to a referendum and which does not bear upon its face the names and addresses of its printer and publisher commits an offence and shall be liable on summary conviction to a term of imprisonment not exceeding two years.

    • (1) A person shall not be prosecuted for an offence under this Decree without the consent in writing of the Attorney-General:

      Provided that this subsection shall not of itself prevent a person being-

      (a) charged with any such offence, or

      (b) be arrested with or without warrant in respect of any such offence, or

      (c) remanded on bail or in custody in respect of any such offence, without the consent of the Attorney-General.

      (2) In a prosecution for an offence under this Decree in relation to a ballot-box, ballot paper or any other document the property in such ballot-box, ballot paper or other documents as well as the property in the counterfoil of any ballot papers, shall be stated to be in the Electoral Commission.

    • The validity of the results of the voting in each polling station may be questioned by a petition brought for the purpose under the provisions of this Part of this Decree, subject to the right of appeal conferred by section 30.

    • A petition may be presented to the High Court of Justice by one or more of the following persons, that is to say.

      (a) a person who lawfully voted or had a right to vote at the referendum to which the petition relates; or

      (b) a person claiming to have had a right to vote at the referendum

    • The presentation of a petition shall not be valid unless within the time limited by the provisions of section 22 the person seeking to present the same gives security for costs amounting to one thousand cedis.

    • (1) Subject to the provisions of this section a referendum petition shall be presented within seven days after the date of the publication in the Gazette of the results of the referendum to which it relates.

      (2) A petition questioning the results of the voting in a polling station upon an allegation of corrupt practices and specifically alleging the payment of money or other reward to have been made by any person or on his account or with his privity, in furtherance of the alleged corrupt practice may be presented within seven days after the date of payment.

      (3) The time limit provided by the provisions of this section for the presentation of a petition shall not be extended.

    • On the trial of a petition the High Court of Justice may:-

      (a) grant a declaration that the voting in a polling station to which the petition relates is void; or

      (b) dismiss the petition and declare that the voting in the polling station to which the petition relates was regular.

    • (1) The voting in a polling station shall be declared void on a petition, if any of the following matters are proved to the satisfaction of the High Court of Justice, that is to say-

      (a) that general bribery, general treating, general intimidation or other misconduct or circumstances, whether similar to those already enumerated in this Decree or not, have so extensively prevailed that they may be reasonably supposed to have affected the results of the voting; or

      (b) that there has been non-compliance with any provisions of this Decree, if it appears that the voting was not conducted in accordance with the principles laid down in any such provision or instruction and that such non-compliance affected the result of the voting; or

      (c) that a corrupt practice was committed in connection with the voting.

      (2) Notwithstanding the provisions of subsection (1) of this section-

      (a) where upon the trial of a petition the High Court of Justice finds, after giving the Attorney-General an opportunity of being heard, that it has been proved to the High Court of Justice-

      (i) that no corrupt practice was committed on an extensive scale as to affect the results of the voting in a polling station, and

      (ii) that any person mentioned in connection with any corrupt practice took all reasonable means for preventing the commission of corrupt practice at such voting, and

      (iii) that in all other respects the voting was free from any corrupt practice on the part of the person so mentioned,

      then if the High Court of Justice so recommends, the voting at such polling station shall not, by reason of any such practice, be void; or

      (b) where upon the trial of a petition the High Court of Justice finds that there has been failure to comply with any provisions of this Decree, and the High Court of Justice further finds, after giving the Attorney-General an opportunity of being heard, that it is satisfied-

      (i) that the voting was conducted in accordance with the principles laid down in this Decree, and

      (ii) that such failure did not affect the result of the voting,

      the voting in that polling station shall not, by reason of such failure, be void.

    • (1) Where on a petition it is claimed that a question attracted more votes than that declared in favour of that question, the High Court of Justice may direct an examination of the votes cast at the voting in the polling station concerned.

      (2) On a scrutiny the following votes and no others, shall be struck off, namely -

      (a) the vote of any person,

      (i) whose name was not included in that part of the register which contained the names of the registered voters assigned to the polling station at which the vote was recorded; and

      (ii) who was not otherwise authorised under the provisions of this Decree to vote at the polling station at which his vote was recorded;

      (b) the vote of any person whose vote was procured by bribery, treating or undue influence;

      (c) the vote of any person who committed or procured the commission of personation at the voting;

      (d) the vote of any person proved to have voted more than once at the voting or, in more than one polling station.

      (3) The vote of a registered voter shall not be struck off on a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register.

      (4) Any tendered ballot paper proved on a scrutiny to be a valid vote shall be added to the poll.

    • (1) At the conclusion of the trial of a petition, the High Court of Justice shall certify its decision to the Electoral Commissioner who shall thereupon cause the return by the returning officer in respect of the voting to which the petition relates to be confirmed or altered accordingly.

      (2) Where the decision certified by the High Court of Justice under the provisions of subsection (1) is to the effect that the voting to which the petition relates is void, a writ shall be issued for a fresh voting in the polling station concerned.

    • At the conclusion of the trial of a petition the High Court of Justice shall, if it is of the opinion that any person has been proved to have committed the offence of a corrupt practice in connection with the voting to which the petition relates, send a written report to the Attorney-General giving the name and description of the person and the nature of the practice and such other information as the High Court of Justice considers relevant and appropriate.

    • No person who has voted in a referendum shall, in any proceedings to question the voting in a polling station be required to state for which question he has voted.

    • (1) The trial of referendum petition shall be conducted in accordance with the law relating to the trial of civil causes or matters by the High Court in the exercise of its original jurisdiction.

      (2) The High Court shall have, for the purposes of the trial the same powers, jurisdiction and authority as it has for the trial of civil causes or matters.

    • (1) Any person aggrieved by the decision of the High Court may appeal to the full bench of the Court of Appeal against that decision.

      (2) Such an appeal shall be lodged not later than seven days after the date of the said decision of the High Court.

    • (1) A person shall not be entitled to appoint a proxy unless he is resident outside Ghana nor shall be entitled to have more than one person at a time appointed as a proxy to vote for him at a referendum.

      (2) A person shall not be qualified to be appointed to vote as a proxy at a referendum unless he is a registered voter.

      (3) A person shall not be entitled to vote as a proxy at a referendum in any constituency or ward on behalf of more than two voters of whom that person is not the husband, wife, parent, grandparent, brother, sister, child, grandchild, nephew, uncle or niece.

      (4) The application for the appointment of a person to vote as a proxy shall be made in the prescribed form to the Electoral Commissioner not later than twenty days before a referendum. [As substituted by the Referendum (Amendment) Decree, 1978 (SMCD 154), s.1].

      (5) It shall be the duty of the Electoral Commissioner to issue a proxy paper in pursuance of any application duly made to him for the appointment of a proxy if he is satisfied-

      (a) that the applicant is registered as a voter for the referendum to which the application relates; and

      (b) that the proxy is qualified to be, and is willing to be, appointed.

      (6) The appointment of a proxy may be cancelled by the Electoral Commissioner if a notice in that behalf is given by the person who made the application for the appointment of the proxy.

      (7) The Electoral Commissioner shall keep a record of persons for whom proxies have been appointed and the names and addresses of the persons so appointed.

    • No misnomer or inaccurate description of any person or place named or described in any register, notice or other document whatsoever prepared or issued under the provisions of, or for the purposes of, this Decree shall, if the person or place is so designated as to be commonly identifiable or understood, affect as respects that person or place the validity of that register, notice or document or the operation of this Decree.

    • Declaration of secrecy made for the purposes of a referendum shall not constitute instrument liable for duty under any law relating to stamp duties.

    • In this Decree unless the context otherwise requires -

      "area" means the area of authority of a Council;

      "constituency" means one of the constituencies into which Ghana is for the time being divided;

      "corrupt practice" means the offence of personation, bribery, treating or undue influence or of aiding, abetting, counseling or attempting the commission of any such offence;

      "Council" includes a Local, District, or Regional Council and any other local government council or area committee established pursuant to the provisions of the Local Government Act, 1971 (Act 359).

      "Court" means a court of competent jurisdiction;

      "divisional register" means the register relating to a polling division;

      "issue" means any question or matter submitted to a vote in a referendum to ascertain the wishes of the citizens of Ghana.

      "official mark" means the official mark with which a ballot paper is perforated or stamped;

      "polling assistant" means a polling assistant so appointed for the purposes of a referendum;

      "polling day" in relation to a referendum means the day appointed for the taking of a poll;

      "polling division" means one of the polling divisions into which a constituency or area is for the time being divided pursuant to the provisions of section 1 of this Decree;

      "polling station" means one of the polling stations within a polling division;

      "presiding officer" means the presiding officer of a polling station at a referendum;

      "referendum officer" means a returning officer, a deputy or assistant returning officer, a presiding officer or a polling assistant and any other person so designated as such by the Electoral Commissioner;

      "register" means a register of voters.