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Opinions of Saturday, 5 January 2019

Columnist: Yussif Ahmed

Sanitising Ghana's electoral process, our collective responsibility

Jean Mensa is Chairperson of the Electoral Commission Jean Mensa is Chairperson of the Electoral Commission

There is one too many political gymnastics in this country. Unsubstantiated allegations are thrown around indiscriminately and so even when substantiated allegations are made, they are treated with contempt just like any other allegations.

Without dealing with any specifics, I abhor the way politicians deal with the electoral commission of Ghana. It tarnishes the image of the commission and does not give it any credibility. It is not fair for the electoral commission to be treated with such disrespect and corruption smearing allegations.

All political parties in Ghana are guilty of treating the electoral commission of Ghana with so much disrespect. From the Progressive People’s Party (PPP) , Convention People’s Party (CPP), New Patriotic Party (NPP), National Democratic Congress ( NDC) to the People’s National Convention ( PNC) and all the other political parties numbering up to about 24, have wrongly accused the EC, are guilty and owe the commission an apology.

The 1992 constitution of Ghana confers some all important functions on the electoral commission of Ghana. Article 7 clause 45 reads; The Electoral Commission shall have the following functions -
a) to compile the register of voters and revise it at such periods as may be determined by law;
b) to demarcate the electoral boundaries for both national and local government elections;
c) to conduct and supervise all public elections and referenda;
d) to educate the people on the electoral process and its purpose;
e) to undertake programmes for the expansion of the registration of voter; and
f) to perform such other functions as may be prescribed by law.

These are functions that cannot be trifled with because they form the basis of the citizen having the opportunity to democratically elect a political government of their choice through ballot elections.

Yes, the commission sometimes takes decisions that are distasteful to some of the political parties but the fact that you don’t like the decision does not mean it is wrong nor is it meant to favour your political opponent to your detriment unless otherwise can be proven with facts.

I remember how the New Patriotic Party smeared the Charlotte Osei led electoral commission with all kinds of unsubstantiated allegations prior to the 2016 general elections. Eventually, even though the National Democratic Congress accepted the results of the 2016 general elections but not without saying the electoral process was fraught with irregularities because they had lost bearing in mind that if they had won, they wouldn’t have made the same comments.

For purposes of clarification, there are other several political parties that had problems with the EC prior to the 2016 elections. The Papa Kwesi Nduom led Progressive People’s Party (PPP) actually took the EC to court. In this case, the court ordered the EC to hear the political parties out on the issue at hand and it did.

Even before the 2016 general elections was the famous 2012 general elections which had to be settled in the Supreme Court of Ghana. The New Patriotic Party had vehemently opposed the final results of that elections arguing that the elections had been rigged. The then head of the electoral commission, Mr Afari Gyan had to appear in court to answer so many questions. And going to court is actually the ideal way to settle any political grievances just like the PPP also did.

This is all well and good for political parties to challenge the EC to do the right thing but when these grievances are launched in wrong ways that puts the image of the EC in disrepute, it becomes problematic. The EC has full responsibility of all elections that take place in this country; and because elections are crucial to the stability of the country, we can’t afford to put a dent on the body responsible for the entire process.

Now, just as the NPP almost always had problems with the EC while in opposition, the NDC also now almost always disagrees with the decisions, actions and inactions of the EC. Funny enough, these political parties always agree with the electoral body when they are in government and I ask why it is so. Is it because the electoral commission though an independent body is not entirely insulated from the interferences of political governments?

I find it very inconsistent how political parties allow the EC to conduct both their national and constituency level elections with the mistrust their comments suggest they treat the EC with. Or is it that th EC cannot rig those internal elections?

I don’t want to even go into who appointed which electoral commissioners and why they tend to disagree with the commissioners they didn’t appoint.

The way political parties besmear the image of the electoral commission gives course to their so-called vigilante groups to ransack election posts because they follow up the comments of their superiors that the elections are being rigged.

Our electoral process will continue to polarize and deteriorate if such politically motivated comments are allowed into the public domain. The public will lose trust in the commission even though these allegations may not be true. Even if these allegations have any merits, what good does it do putting them in the public sphere? Why not take it to court and deal with the matter? Even though article 7 clause 46 of the 1992 constitution of Ghana which states that “Except as provided for in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority.” Guarantees the independence of the commission, fierce public opinion fueled by political propagandist can indirectly influence or stifle decision making.

To ensure absolute trust in the EC that will give some further trust or credence to our electoral process, maybe the process underlying the appointment of electoral commissioners should be revised. Article 70 clause 2 of the 1992 constitution of Ghana states that “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission.” Really, the Council of State whose advice is not binding on the president, so that even if they disagree with the appointment of the president, it does not really matter? Stringent measures should be factored in this all-importantt appointment of the head of the electoral commission and all other members of the commission.

Again, there should be enough laws insulating the electoral commission from the devouring mouths of political parties vis a vis politicians. Some of these laws should bar politicians from throwing unsubstantiated allegations at the electoral commission in the public space.

Anytime any political party has issues with the decision of the EC, they should settle it with the EC but not fuel public opinion by exaggerating matters throwing these allegations out there without actually even following up to seek finality on the matter.

The media should also refrain from feeding the public with some of these politically motivated allegations. Yes, public debates help deepen the depths of our democracy, but when the debate is one-sided, factually incorrect, and unsubstantiated, it rather fuels negative public opinion which isn’t healthy for our democracy.

Political party vigilante groups should also be scrapped. Either we use our common sense to disband such uncalled for groups or laws are passed to the same effect. The youths should be sensitized that joining vigilante groups to do the bidding of politicians’ isn’t the answer to the hardships they may be facing.

If there are no vigilante groups, the probability of violence ensuing at a polling station during elections will be very minimal. Again, such things as taking over public offices by some these youths will be prevented.

A better Ghana we all want, let us be responsible.