CHAPTER 7: JUDICIAL COUNCIL
Judicial power of the
GCR Article 19 Clause (1). Judicial Power of the
GCR shall reside in the Judicial Council and shall be exercised by the Judicial Council in accordance with the provisions of this Constitution and accordingly neither the President nor Legislature nor any office under the
GCR shall have or be given final judicial power.
Composition
Clause (2). The Judicial Council shall be composed of:
a. the Chief Justice who shall be appointed in manner prescribed by this constitution.
b. 2 judicial representative from all recognized branches of the
GCR.
Independence of the Judicial Council
Clause (3). The Judicial Council shall in the performance of its function be subject to this Constitution.
Clause (4). Neither the President nor the Legislative Council nor any person acting under the authority of the President or Legislative Council nor any other person shall interfere with Judicial Council officers or other persons exercising judicial power, in the exercise of judicial functions and all members shall accord to the Judicial Council such assistance as the judicial council may reasonably require to protect the independence, dignity and effectiveness of the Judicial Council, subject to the Constitution.
Clause (5) A Judicial Commission member or any person exercising judicial power in accordance with this constitution shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power.
Clause (6). The Judicial Council shall formulate rules of procedure for the conduct of its activities.
The Chief Justice
Clause (7). There shall be a chief justice who shall also be the Judicial Council chairperson and shall be appointed by the President in accordance with the provisions of this Constitution.
Clause (8). No member shall be qualified to be appointed as Judicial Council chairperson unless he or she is a member in good standing.
Clause (9). The Chief Justice shall appoint judges from among members of the Judicial Commission, for the purposes of hearing cases brought before it.
General jurisdiction of the Judicial Council
Clause (10) The Judicial Committee shall be the only court of the
GCR and shall have such appellate and other jurisdiction as may be conferred on it by this Constitution.
Clause (11) The Judicial Council shall not be bound to follow the decisions of any other committee.
Clause (12) The Judicial Committee may while treating its previous decisions as normally binding, depart from a previous decision when it appears to it right to do so.
Original jurisdiction
Clause (13). The Judicial Committee shall have original jurisdiction in:
a. all matters relating to the enforcement and interpretation of this Constitution.
b. all matters arising as to whether a resolution made by Legislative Council is in excess of the powers conferred on Legislative Council or any other authority.
Appellate jurisdiction
Clause (14). The Judicial Council shall have appellate jurisdiction in every issue relating to resolving conflicts between members or group(s) of members.
Clause (15). The Judicial Committee shall have appellate jurisdiction over all electoral disputes lodged with the electoral commissioner.
CHAPTER 8
STANDING AND AD HOC COMMITTEES
Standing Committees
Article 20 Clause (1) There shall be established, under this constitution, standing committees, and ad hoc.
Clause (2) Unless otherwise stated in this constitution, chairpersons and members of the standing committees shall be appointed by the president.
Clause (3) The chairperson of any standing committee shall be subject to the approval of the legislative council.
Clause (4) The Executive Council, may, where necessary, establish any standing committee not specified in this constitution, upon the approval of the legislative council.
Clause (5) Unless otherwise stated in this constitution, the Executive Council shall exercise oversight responsibility over the standing committees.
Clause (6) Unless otherwise stated, the president may remove from office, any chairperson or member of any standing committee, specified in this constitution, or created in accordance with 20(4).
Clause (7) Notwithstanding any provisions in this constitution, standing committees, specified in this constitution, shall not be subject to complete dissolution for more than 7 days.
a particular task.
Ad Hoc Committees
Clause (8). The president may constitute an ad hoc committee to execute
Clause (9). The terms of reference for any ad hoc committee shall not
conflict with the roles of any officer, committee, or commission, specified in this constitution.
Clause (10). No ad hoc committee shall function for more than 3 months after their establishment.
Clause (11). Notwithstanding the preceding clause, an ad hoc committee, expected to last for more than 3 months shall be subject to the approval by parliament.
Projects Implementation Committee
Article 20 Clause (1) There shall be established a Project and Implementation Committee of the
GCR which shall be composed of:
a. the Project and Implementation Chairperson, who shall be appointed by the President in a letter signed by the President and the General Secretary to the person and copied to the Speaker
b. four (4) other members appointed by the President.
Clause (2) This committee will see to the implementation and execution of all projects initiated by the executive council, and take, keep proper and true record of all the physical assets of
GCR.
Publicity Committee
Article 21 Clause (1). There shall be established a Public Relations Office under the
GCR which shall comprise:
a. the Public Relations Officer of the
GCR, who shall be the chairman of the committee
b. the PRO representation of all recognized branches of the
GCRClause (2) The Public Relations Office shall:
a. be responsible for publicizing all activities of the
GCR in consultation with the commission or committee concerned.
b. strategize as to how to disseminate information and make information accessible to all members under the
GCR.
c. monitor all
GCR social media platforms and ensure sanity.
d. perform any other functions as may be assigned by the Executive Committee.
Finance Committee
Article 22 Clause
(1) There shall be a Finance Committee under the
GCR which shall comprise:
a. the Financial Secretary of the
GCR who shall be the Chairperson
b. Finance representative of all recognized branches of the
GCR.
Clause (2) The Finance Committee shall:
a. be responsible for seeking sponsorship to fund
GCR activities.
b. prepare financial statements of the
GCR.
c. ensure prudent financial practices of the
GCR.
Audit Committee
Article 23 Clause (1) There shall be established under the
GCR an Audit Committee.
Clause (2) The Audit Committee shall be composed of;
a. a chairperson and three (3) other members who are not office holders of the
GCR and possess ample knowledge in accounting.
b. an ex-officio member from the Judicial Council who shall be appointed by the Chief Justice.
Clause (3) The Audit Committee chairperson and members as in clause (2)(a) of this article shall be appointed by the Legislative Council in consultation with the Speaker.
Clause (4) Auditing of the
GCR account(s) shall from January 16 to February 16 each year.
Clause (5) The Audit Committee shall submit their report to the Legislative Council and copy to the Embassy of Ghana in the Russian Federation.
Clause (6) The Audit Committee shall, for the purposes of performing its duties under this Constitution, have the power to summon any
GCR officer for clarification and explanations.
Clause (7) The Audit report shall include:
a. an Income and Expenditure Account of the
GCR;
b. a statement of financial position (balance sheet);
c. the Audit Committee’s assessment of the financial statements of the
GCR; and
d. the Audit Committee’s comments and recommendations.
Legal Affairs Commission
Article 24 Clause(1) There shall be a Legal Affairs Commission established under the
GCR which shall consist of:
a. the Legal Affairs Commissioner, who shall be appointed by the President in a letter signed by the President and the General Secretary to the person and copied to the Speaker
b. three (3) members who shall be appointed by the Legal Affairs Commissioner subject to the approval of the president.
Clause (2) The Legal Affairs Commission shall:
a. scrutinize the constitutions or working documents of all branch communities of the
GCR and ensure that they are in conformity with the
GCR Constitution.
b. advise the Executive Council on all legal matters that may arise.
c. perform any function assigned to it by the Legislative Council or the Executive Council.
d. represent any
GCR officer at
GCR Judicial or
GCR quasi-judicial Committee hearings.
e. advise Legislative Council on all legal related matters and aid them in the formulation of standing orders.
f. may represent any member who is a party in a case before the
GCR Judicial Committee.
g. shall discharge such other duties of a legal nature as may be referred to it by the President or imposed on it by this Constitution or resolution of Legislative Council.
Clause (3) All
GCR-related proceedings against the President shall be instituted against the Legal Affairs Commission.
CHAPTER 9: COUNCIL OF ELDERS
Establishment
Article 25 Clause (1) There shall be established in the GCR a council of Elders, comprising of all former presidents, vice presidents, chief justices, speakers of parliament, legal affairs commissioners and one person, designated by the Embassy of the Republic of Ghana in Moscow.
Clause (2) The council of elders shall play an advisory and consultative role in matters related to the GCR.
Clause (3) The General Secretary of the GCR shall be the convener of the council of elders, and on the orders of the President, convene the council for a meeting to discuss issues as the president may determine.
Clause (4) Decisions or advises by the council of elders shall not be binding on the GCR or the officers on whom such decisions or advises are referred.
CHAPTER 10: ELECTIONS
Right to vote
Article 27 Clause (1) Every member governed by the
GCR has the right to vote.
Clause (2) All members shall have one vote each.
Clause (3) Notwithstanding clause (1) of this article, no member shall be allowed to vote, if at the time of compilation of the voter’s register, he or she had not fulfilled his or her dues payment responsibilities.
Qualification for candidates
Article 28 Clause (1) Any member governed by the
GCR shall be qualified to contest elections provided he or she satisfies the criteria set hereof:
a. he or she shall have been a member of the
GCR for at least 6 months.
b. for the purposes of clarity and without prejudice to section (a) of this clause, aspirants who are students, and do not have permanent residence permits in Russia, shall not be in their final two (2) years of studies.
c. he or she has not been found guilty of embezzlement and or misappropriation of member's or
GCR funds by any judicial committee or by any quasi-judicial committee set up by the
GCR.
d. he shall not have been impeached, suspended, or dismissed as an officer of any branch of
GCR in the last 5 years to the conduct of an election.
e. he or she shall not have been found guilty of violation of this Constitution and contempt of the judicial commission of the
GCR in the last 5 years to the conduct of an election.
f. he or she shall not be an officer holding any position under the
GCR at the time of filing his or her nomination.
g. he or she shall submit himself or herself for public vetting by a vetting panel that shall be set up in a manner provided in this Constitution.
Clause (2) Any person shall petition the Electoral Commission for the enforcement of the provisions of clause one (1) during the period provided by the Electoral Commission for hearing of petitions after the display of aspirants.
Clause (3) Any person seeking to contest for an office shall file nomination duly accompanied by a résumé/ Curriculum Vitae and one passport-size picture.
Conduct of general elections
Article 29 Clause (1) The elected officers of the Executive council of the
GCR shall be elected through secret ballot by the members governed by the
GCR.
Clause (2) At the time of filing for nominations, a vice presidential aspirant shall be designated against his or her partnering presidential aspirant and shall be deemed as an elected officer should the patterning presidential aspirant win.
a. a presidential and his or her accompanying vice president candidate shall be vetted and scored as a team together and at the same time
Clause (3) Notwithstanding any provision in this Constitution, the Electoral Commission may adopt the electronic voting system if it appears prudent to do so in the conduct of any elections.
Clause (4) A simple majority vote is required to win an election, and candidates who stand unopposed shall require at least fifty percent plus (50% +) of the total valid votes cast to win the election.
Clause (5) Notwithstanding clause four (4) of this article, fresh nominations shall be opened within three (3) days after declaration of the provisional results by the Electoral Commission where an unopposed candidate fails to attain the requisite percentage.
Clause (6) A run-off may be conducted for candidates who may tie.
Clause (7) All offices shall be held for three years, and any retiring officer shall be eligible for re-election subject to satisfying the relevant provisions under article 28 of this Constitution.
Clause (8) Unless otherwise provided in this constitution, processes of General Elections shall begin on October 1 and end on November 30 of the election year.
Clause (9) pursuant to the preceding clause, the electoral commission shall develop and share its working timeline, taking into consideration, all possible issues that may arise, in accordance with this constitution.
Clause (10) In the event where a position is vacant at the close of a nomination period, the nomination time shall be extended by forty-eight (48) hours and all members shall be duly notified.
Clause (11) If the position is still vacant after the forty-eight (48) hour extension then the election shall proceed.
Clause (12) Such a vacancy envisaged under the preceding clause shall be filled by an appointment by the incoming
GCR Executives, and persons appointed shall satisfy the provisions of article 28(1)(a-f).
Clause (13) The Electoral Commissioner shall after an election declare provisional results which shall become final if the result of the election is not challenged within seventy-two (72) hours.
Clause (14) Any instrument from the electoral commission which states that a member named in the instrument is declared elected shall be prima facie evidence that the person is duly elected.
Clause (15) Subject to this Constitution, all other elections of recognized branches of the
GCR shall be conducted before the day of voting in the General Elections of the
GCR.
Clause (16) Unless otherwise stated in this constitution, the Electoral Commission shall in the event where the office of an elected member of the Executive Council becomes vacant organize a by-election within two weeks to fill the vacancy.
Clause (17) Any member intending to contest any by-elections shall satisfy the provisions in article 28 of this constitution.
Clause (18) A by-election shall not be held if the position becomes vacant one month before the general election.
Clause (19) Pursuant to clause (18) the Executive Council shall appoint any member of the Executive Council to fill the vacancy.
Vetting and vetting panel
Article 30 Clause (1) The Electoral Commissioner shall for the satisfaction of article 28 form at most a seven (7) member vetting panel, of which five (5), excluding the chairman of the panel, shall score the candidates at a time for the purposes of vetting the aspirants and ensuring that candidates for any election under this Constitution satisfy the requirements provided for in this Constitution or regulations as may be set out by the Electoral Commission.
Clause (2) The Electoral Commission shall publish the criteria by which every candidate shall be vetted at least one week before the day of vetting.
Clause (3) Any aspirant may petition the Electoral Commission within forty-eight (48) hours after the publication of the criteria envisaged under clause (2) of this article for a revision, amendment or otherwise.
Clause (4) The Electoral Commissioner shall within twenty-four (24) hours set up a three (3) member committee from the Commission to adjudicate on such a petition, and any decision of the committee shall be final.
Clause (5) The Electoral Commission shall publish on all social media platforms a full report of all candidates so vetted at least seven (7) days before the day of elections.
Clause (6) Such a report in clause 5 of this article shall entail;
a. whether a candidate so vetted is recommended.
b. the total score obtained by each candidate so vetted detailing the score obtained under each criterion.
Clause (7) Any person not recommended by the vetting panel shall not be presented to the electorates for voting.
Clause (8) Candidates not recommended shall be given a written notice of their status by the Electoral Commissioner, and such notice shall contain a detailed account of the reasons for their non-recommendation not later than seventy-two (72) hours after vetting of the candidate in question.
Clause (9) Any candidate who intends to petition the Judicial Committee on the results of the vetting is entitled to do so not later than twenty-four (24) hours after receiving a notice of non-recommendation.
Clause (10) The Judicial Committee shall hear the petition as in clause (9) of this article within forty-eight (48) hours upon receipt of such petition and its ruling shall be final.
Challenging election results
Article 31 Clause (1) The provisional results of an election may after it has been published be challenged within seventy-two (72) hours and NO petition shall be received after this period.
Clause (2) Any petition for challenge of elections shall be presented to the Judicial Committee for adjudication.
Clause (3) The Judicial Committee shall without prejudice to any provision in this Constitution adjudicate on the merits of the petition within twenty-four (24) hours after receipt of the petition.
Electoral Commission
Article 32 Clause (1) There shall be an Electoral Commission under the
GCR chaired by a commissioner, who shall be appointed by the President in accordance with the provisions of this constitution.
(2) Two deputy commissioners shall be appointed by the Electoral Commissioner from among the other members of the commission, which shall include electoral commission representation of all recognized
GCR branches.
Clause (3) Except as provided in this Constitution, the Electoral Commission, in the performance of its functions, shall not be subject to the direction or control of any person or authority.
Functions of the Commission
Article 33 Clause (1) The Electoral Commission shall have the following functions;
a. to compile the register of voters and revise it at such periods as may be necessary;
b. to conduct and supervise all
GCR elections, referenda and opinion polls;
c. to educate the members on the electoral process and its purpose;
d. to make additional rules and regulations in the performance of its functions;
Clause (2) Notwithstanding article 31(1)(d) the electoral commission shall make the additional rules and regulations in consultation with the Legal Affairs Commission.