Establishment of ICNIS is unconstitutional

The Chairman of the Electoral Commission (EC), Dr. Kwadwo Afari-Gyan, has said that the setting up of an Implementation Committee for the National Identification System (ICNIS) by the Ministry of Regional Integration and Economic Planning was unconstitutional. He said, "The Commission consider the procedure adopted by the ministry as improper, since the EC is the only body mandated to issue national Identity (I.D) Cards.”

Dr Afari-Gyan was presenting a paper at a round-table discussion organised by the Ghana Centre for Democratic Development and sponsored by Friedrich Naumann Foundation under the theme, "Preparations towards election 2004: Prospects and Challenges," in Accra. He said the Attorney General and Minister of Justice has been notified about the infringement on the responsibility of the commission.

According to Dr Afari-Gyan, the Attorney General and Minister of Justice explained that, ''the ICNIS as constituted was not a lawful body to undertake the issuance of national I. D. cards and a lawful committee under the direction of the commission with a member of the EC as chairman has to be formed."

Dr Afari-Gjan said consequently, a technical committee on the ICNIS project was constituted with a member of the Commission as its chairman but certain actions have been taken without the explicit involvement of the EC.

He said: "First, a version of a report, dubbed Final Report, was presented to Cabinet on June 20, 2002, upon which a France-based organisation, CIVI.POL Conseil was engaged to validate the report."

Dr Afari-Gyan said a report submitted to the government by the France-based organisation on December 3 2002, had recommended the setting up of a new and separate body to carry out the project.

He said: "The commission would not allow any of its legal functions to be taken away by any person, authority or organisation without the due process of law."

Dr Afari-Gyan reminded Ghanaians that the Electoral Commission Act, 1993 (Act 451) section 2(d) vest the responsibility of issuing national I.D. cards in the commission. Politicians, electoral officials, media practitioners, donors and individuals interested in the country's electoral process attended the discussion.