EC to maintain December 7 as polling day

Accra, Aug. 13, GNA - The Electoral Commission (EC) on Wednesday announced that the next Presidential and Parliamentary elections would be held on Tuesday, December 7, 2004.

Dr Kwadwo Afari-Gyan, Chairman of the Commission, told the Ghana News Agency (GNA) that barring any constitutional amendment to Article 63, clause (2) of the 1992 Constitution on the conduct of Presidential Elections, the date is fixed.

The EC Chairman said though the time frame spans four months, the elections cannot be held a day later than one month before the expiry of the term of the incumbent President, making December 7 suitable. The Article states inter alia: (a) where a President is in office, not earlier than four months nor later than one month before his term of office expires; and (b) in any other case, within three months after the office of the President becomes vacant; and shall be held at such place and shall begin on such date as the Electoral Commission shall, by Constitutional Instrument, specify.

On the Parliamentary Elections, Article 112 clause (4) states inter alia; "subject to clause two of 113 of this Constitution a general election of Members of Parliament shall be held within 30 days before the expiration of the period specified in clause (1) of that article and a session of Parliament shall be appointed to commence within 14 days after the expiration of that period".

Article 113 (1) further states: "Subject to clause (2) of this article Parliament shall continue for four years from the date of its sitting and shall then stand dissolved."

During the 2000 Elections, One Aurelius Awuku, a Resident of Teshie in Accra and Dr Tony Aidoo, then Deputy Defence Minister, challenged the constitutionality of December 8, which the EC had appointed for the elections and called for a change.

Alhaji Issakah Inusah, a former Leading Member of the New Patriotic Party (NPP), who defected to the National Democratic Congress (NDC), also appealed to the EC to change the date, saying it was a Friday in the Islamic Holy Month of Ramadan and Muslims would be inconvenienced.

Dr Afari-Gyan told GNA that the controversy arose because of the different interpretations given to the clauses on the expiration of the term of the President and the dissolution of Parliament with regard to the fixing of election dates. 13 Aug. 03