Former Deputy Attorney General and the Chairman of the Subsidiary Legislation, Kwame osei-Prempeh, have stated that C.I. 78, which is currently before Parliament, is full of mistakes and should therefore be withdrawn.
He has stated that the law stipulates that constitutional instruments that are found to have mistakes incorporated in them must be taken back to their originating agencies, and that failure to withdraw C.I. 78 would mean that people living in several electoral areas in Ghana may not be able to vote in election 2012, and even if they vote, the results may be challenged in court.
“Several electoral areas are missing from C.I. 78. People living in these electoral areas may not be allowed to vote because they are not captured by C.I. 78, and if they vote, people may take the E.C. to court to declare the votes in those areas invalid. That would undermine the entire election”, Hon. Osei-Prempeh has stated.
The MP was responding Dr. Kwadwo Afari-Gyan, the chairman of the Electoral Commission, who described those criticizing the creation of new constituencies as 'rabble rousers'.
Speaking on GTV's Electoral Platform, the EC boss stated that he will never kowtow to demands by pressure groups in undertaking what he described as the Commission's constitutional mandate despite avalanche of criticism, and advised all who feel aggrieved with any decision by the EC to seek redress in court.
“If you have any constitutional issues, you would go to the appropriate place for solution … The rabble rousing will not resolve the issue... We won't face any problem at all because as I said we are using the same number of polling stations... weather there are three or fifty constituencies, we are using the same number of electoral areas”, he said.
But in response, Kwame Osei-Prempeh stated that several electoral areas are missing from C.I. 78.
“C.I. 78 is replete with mistakes. Several electoral areas are missing from it. It has the same limitations as C.I. 73, C.I. 77 and now C.I. 78”, he said, adding that virtually every region in Ghana is affected.
He explained that the electoral areas in Ghana were created by L.I 1983, and each electoral area in that L.I. is supposed to be found in C.I. 78.
Giving examples however, he said that for instance in the Western Region, the Dwabeso Ambodi Electoral Area, which was created by L.I 1983, is missing from C.I. 78.
He said that in the Central Region, Atintan Electoral Area, which falls in Assin North and Assin Central, is missing.
In the Greater Accra Region, the Awoshie Electoral Area is missing from Ablekuma North.
He stated that in the Volta region, in the Hohoe District, Alavanyom Hohoe and Afadzato Electoral Areas are missing.
He said that Yendi in the Northern Region, Nandundo Electoral Area is also missing.
Hon. Osei-Prempeh stated that Parliament cannot correct the mistakes in the law, and it is passed in its current state, many Ghanaians would be disenfranchised.
“People living in the affected electoral areas can take state to court. But if we decide that we would pass the law in its current state, then anybody aggrieved by the election result from the affected areas can take the case to court. It's a catch 22 situation. Top or 73, 77 and now 78, this C.I. Must be taken back to the EC to be corrected”, he said.
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