GJA petitioned over unauthorized filing fees

The Election Dispute Adjudication Committee of the Ghana Journalists Association (GJA), has been petitioned over unauthorized filing fees being charged by the GJA Elections Committee ahead of its impending general elections.

The petitioner, who happens to be the General Secretary of the association, Kofi Yeboah, said the announcement of nominations fees, is fraught with blatant breaches of the GJA Constitution 2004 and must not be condoned by a professional body such as the GJA.

Kofi Yeboah in his petition mentioned that Article 48(b) of the GJA Constitution 2004 provides: “Candidates for all Executive positions at both National and Regional levels shall pay a non-refundable fee on submission of nomination papers. The National Council shall determine the nomination fee”.

According to him, the nomination fees announced by the GJA Elections Committee in its press release under reference were not determined by the National Council of the GJA.

He revealed that the National Council of the association is in the process of making such determination for submission to the Elections Committee.

“Be that as it may, I expected the Elections Committee to have consulted the National Executive/National Council and/or the GJA Constitution for proper guidance”, GJA General Secretary, Kofi Yeboah said in his petition.

Read the full petition below:

The Chairman

GJA Election Dispute Adjudication Committee Accra.

April 13, 2021.

Dear Sir,

Appeal Against Decisions of GJA Elections Committee

Kindly accept my warmest compliments.

Sir, my attention has been drawn to a press release issued today, Tuesday, April 13, 2021, by the Elections Committee of the Ghana Journalists Association (GJA) and signed by its Chairman, Mr Osei Kwadwo Adow (Esq), with Ms Doris Kuwornu, Mr Peter Agbeko and Mr Kwasi Kpodo, duly acknowledged therein as other members of the committee.

The said press release, mainly on the opening of nominations for the GJA elections and announcement of nominations fees, is fraught with blatant breaches of the GJA Constitution 2004 that must not be condoned by a professional body of the Fourth Estate of the Realm mandated by the 1992 Constitution of the Republic of Ghana (See Article 162(5) of Constitution) to uphold the constitution, as well as the responsibility and accountability of the government to the people of Ghana.

By virtue of that constitutional injunction, the media and its mother association (GJA) must aspire, in the least commitment, to be holy before calling out the sins of the government and others.

Sir, the bases for my appeal touching on the claim of constitutional breaches by the GJA Elections Committee are articulated as follows:

1. Article 43(d)(i) — Functions of the Elections Committee:

Article 43(d)(i) of the GJA Constitution 2004 provides: “The Elections Committee shall have power to make regulations and other arrangements for the conduct of transparent and credible elections, provided such regulations are not inconsistent with provisions of the GJA Constitution” (emphasis mine).

The sanctity of this constitutional provision, in my humble opinion, must be upheld at all times.

2. Article 48(b) — Nomination Fees:

Article 48(b) of the GJA Constitution 2004 provides: “Candidates for all Executive positions at both National and Regional levels shall pay a non-refundable fee on submission of nomination papers. The National Council shall determine the nomination fee” (emphasis mine).

The nomination fees announced by the GJA Elections Committee in its press release under reference were not determined by the National Council of the GJA. In fact, the National Council is in the process of making such determination for submission to the Elections Committee. Be that as it may, I expected the Elections Committee to have consulted the National Executive/National Council and/or the GJA Constitution for proper guidance.

3. Articles 8(a)(v); 43(d)(ii); 47(a)(ii)(iii):

Article 8(a)(v) of the GJA Constitution 2004 provides: “The National Executive shall publish the names of members of the Association in good standing by the end of the First Quarter of each year, after giving due notice of thirty (30) calendar days”.

Article 43(d)(ii) also provides: “The Elections Committee shall publish a register of eligible voters (members in good standing) for each election. The register shall be published in at least one national daily and simultaneously circulated to all Regional Branches, Chapters and media houses at least thirty (30) calendar days before the election”.

Also, Article 47(a)(ii) provides: “Four weeks before GJA elections, the National Executive, in conjunction with the Elections Committee, shall cause to be published in at least one of the national newspapers, a complete list of all members in good standing”.

Article 47(a)(iii) further provides: “The published list shall be used as the voting list”.

I firmly hold that the combined effect of Articles 8(a)(v); 43 (d)(ii) and 47(a)(ii)(iii) is that the National Executive of the GJA has the mandate to compile and publish a list of members in good standing and the National Executive shall submit same to the Elections Committee for use as voters list for the conduct of GJA elections. On record, the National Executive has NOT authorized, published or cause to be published any list of members in good standing which the Elections Committee shall use as voters list per the proper interpretation of the constitutional provisions referenced hereunder.

Sir, to clarify matters, the National Executive was in the process of compiling a list of members in good standing for publication. But before the completion of that process, a publication was made in the Daily Graphic edition of February 10, 2021, on a purported list of GJA members in good standing. That publication was NOT authorized and/or caused by the National Executive.

Again, before a scheduled meeting of the National Executive to discuss and address the issues that emerged after the said publication, a second publication of purported GJA members in good standing was made in the Daily Graphic edition of March 13, 2021. That publication was also NOT authorized and/or caused by the National Executive

At a subsequent meeting between the National Executive and the Elections Committee, the latter claimed it did not authorize or cause the publications under reference. Since the two publications were not authorized and/or caused by the National Executive (and the Elections Committee did not do so either), they (two publications) must be considered illegitimate and vagabond, and to that extent, must be discarded for lack of credibility.

Indeed, the circumstances under which the two publications were ghostly and clandestinely made, without authority from the National Executive, smack of bad faith in the electoral process and that may grossly undermine the already scarce confidence some people have in the electoral process.

4. Claims of Appeal:

Given the breaches of the GJA Constitution cited afore, I wish to exercise my right as a member of the GJA under Article 53(a)(iii) of the GJA Constitution 2004 to invoke the jurisdiction of the Election Dispute Adjudication Committee (EDAC) for orders as follows: a. That the announcement of nomination fees by the Elections Committee is unconstitutional because the committee has no mandate to determine nominations fees.

b. That the mandate to determine nominations fees is vested in the National Council of the GJA•,

c. That the National Executive has the mandate to submit a list of members in good standing to the Elections Committee for the compilation of a voters register.

d. That the two publications of members in good standing in the Daily Graphic referenced herein are null and void and same must be discarded for want of credibility.

e. That in the letter and spirit of Article 43(d)(i) of the GJA Constitution 2004, all the decisions and actions of the Elections Committee touching on the matters raised in this appeal, which matters are unconstitutional, including, but not limited to, the announcement of nominations fees and publications of members in good standing in the DailyGraphic are null and void and same must be reversed in honour of the sanctity of the GJA Constitution.

I so appeal.

Yours faithfully,

Kofi Yeboah

Member / General Secretary

Ghana Journalists Association

Cc: The Chairman, GJA Elections Committee