The judiciary and post-election conflict resolution and democratic consolidation in Ghana’s Fourth Republic

ABSTRACT

In recent times most elections in Africa have been fraught with post-elections conflicts that have had dire consequences on citizens. Kenya, Ivory Coast and Zimbabwe are few of these cases. This makes post-election conflict resolution a very important aspect of the electoral process deserving enormous attention. However, extant literature has not accorded it the needed attention. It is as a result of this, that this study investigates the nature of post-election conflict resolution in Ghana’s Fourth Republic. The study, based on a qualitative case study approach, found among others that, the Courts have been instrumental in consolidating democracy in Ghana, and stakeholders are devotedly operating within the legal framework governing elections, despite logistical, law enforcement and justice delivery challenges. The study being conscious of the progress made over the years concludes that, where democratic institutions are consolidating, the use of unconventional means to resolve conflicts is usually not an option.

KEYWORDS:

• Democracy
• democratic consolidation
• elections
• post-election conflict resolution
• Ghana

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes on contributors

Samuel Adams is an Professor in the School of Public Service and Governance at the Ghana Institute of Management and Public Administration (GIMPA). He has published extensively on African development on issues such as decentralisation, privatisation, elections and foreign direct investment. His articles have appeared in journals such as Policy Modeling, Local Government Studies, Social Science Quarterly, and Economic Analysis and Policy. He is currently the Dean of the GIMPA School of Public Service and Governance.

William Asante is a PhD Candidate at the School of Public Service and Governance of the Ghana Institute of Management and Public Administration (GIMPA). He had his first and second degrees in political science. He is also an Adjunct Lecturer at GIMPA with interest in environmental governance, elections, public policy and international politics.

Notes

1 Interview with the High Court Judge was on 4th October 2016 at exactly 12:03 pm in her office.

2 Interview with the Supreme Court Registrar was held on 30th September 2016 at exactly 11:34 am in his office; that of the Registrar of the Court of General Jurisdiction was held on 3rd October 2016 at exactly 9:00 am also in his office.

3 Interview with the Legal Practitioner whose name is withheld was on 7th September 2016 at exactly 4:00 pm; GIMPA is an abbreviated version of Ghana Institute of Management and Public Administration.

4 Interview with the Chief Registrar of the Court of General Jurisdiction in Ghana, on 3rd October 2016 at exactly 9:00 am.

5 Interview with the High Court Judge who indicated that procedural errors are associated with losing a case.

6 Interviews with the two Court Registrars and the High Court Judge confirmed this new development

7 Interview with the High Court Judge

8 Interview with the legal practitioner, name withheld.