A resident of Teshie, a suburb of Accra, Mr. Aurelius Awuku, has challenged the constitutionality of the decision by the Electoral Commission (EC) to conduct the presidential and parliamentary polls on December 8, this year.
However the Chairman of the EC, Dr. Kwadwo Afari-Gyan, in a sharp rebuff, said the decision of the commission to hold the polls on that date is within the bounds of the law.
The commission has accordingly, reaffirmed the December 8 date as the authentic day for the conduct of this year's polls.
Dr. Afari Djan was reacting to the petition from Mr. Awuku, in which he contended that the EC in fixing the December 8 date for the polls had acted unconstitutionally and should, accordingly, review its action.
According to the petitioner, Article 66 (1) and (3) of the Constitution states that a person elected to the Office of President shall "hold office for a term of four years beginning from the date on which he is sworn in as Presidents.'
He contends that although power is conferred on the EC to fix the date for the conduct of elections via a Constitutional Instrument (CI), the conduct of such polls to choose the President, under Article 63 (2) a states that such election should be conducted "where a President is in office not earlier than four months nor later than on month before his term of office expires.'
The petitioner pointed out that President Jerry John Rawlings was in as President for his second term on January 7, 1997 and that this four-year-term will expire on January 6, 2001.
"His last month of office, within the meaning of Section 23 (2) of the Interpretation Act, 1960 (CA4) will be from December 7, 2000 to January 6, 20001," he stressed.
He, therefore, contends that the December 8, 2000 date chosen by the EC for the general elections, 'is, therefore, inconsistent with the Constitution," and therefore, to the extent of that inconsistency, null and void. Justifying the position of the EC, Dr. Afari-Djan contended that the term of office of the President expires on January 7, 2001 and that by the calculations of the EC, the December 8 date falls within the limits set by the law for the conduct of the polls.
The EC Chairman said the commission, as a law abiding institution, does not indulge in acts which contravene the law and that this action was no exeption.
He challenged anyone who had difficulty with the date or had reasons to doubt its legal basis to pursue the matter at the Supreme Court for interpretation.
