THE Director of Research of the National Democratic Congress (NDC), Dr Tony Aidoo, has described December 8, the date set by the Electoral Commission (EC) for the conduct of this year’s presidential and parliamentary elections as unconstitutional.
He said “the current President was sworn into office on January 7, 1997. His term of office should, therefore, expires on January 6, 2001. Constitutionally, therefore, the forthcoming elections must be fixed on a date that falls within the time frame of September 5, 2000, and December 6, 2000. Any other date before or after this time frame would be contrary to the country’s constitutional provisions. And December 8, 2000 is certainly outside the time frame”, he contended.
Dr Aidoo was reacting in a statement to a Daily Graphic front page report of August 15, 2000, in which Dr Kwadwo Afari-Gyan, Chairman of the EC, stated that the December 8, date set by the commission for this year’s elections, cannot be changed because the date has already been constitutionally determined.
Article 63 clause 2 of the 1992 Constitution on the conduct of presidential elections states inter alia that: “where a President is in office not earlier than four months nor later than one month before his term of office expires” and “in any other case, within three months after the Office of the President becomes vacant”.
Regarding parliamentary elections, Article 112 clause 4 and Article 113 clauses 1 and 2 states inter alia that “Subject to clause two of Article 113 of this Constitution, a general election of members of parliament shall be held within 30 days before expiration of the period specified in clause one of that article; and a session of parliament shall be appointed to commence within 14 days after the expiration of that period”.
“Subject to clause two of this article, that is 113, parliament shall continue for four years from the date of its first sitting and shall then stand dissolved,” it stated.
According to Dr. Aidoo, the crucial factors that should feature in the determination of the constitutional date for the impending general elections include the date on which the current parliament first sat and the determination of a date within the three-days time frame that coincides with a date that falls within the four-months time frame for the Presidential elections.
“The current Parliament was certainly convened on January 7, 1997, the same day on which the President was sworn in. By implication, any date for parliamentary election that is fixed after December, 6 and 7, 2000, will be unconstitutional since that date falls outside the 30 days time frame (beginning from the first sitting of Parliament)”.
He stated that if the EC arrived at the December 8 election date by discounting the weekend days on which Parliament does not sit, he contended that the Constitution does not discount weekend days in the computation of the days of the year.
The normal calendar days of 365 days for a year, he argued, would apply to the calendar year of Parliament .
The NDC Research Director, therefore, appealed to Dr. Afari-Gyan to endeavour to be flexible and negotiable about the issue which though technical, also has important religious implications.
He urged Dr. Afari-Gyan not to exhibit the same level of insensitivity to the legitimate concerns of Moslems who constitute a large proportion of the population as the New Patriotic Party (NPP), through Dr. Wayo Seini, second national vice-chairman of the party in his reaction in the Graphic of Tuesday, August 15, 2000 to the genuine concerns of Moslems expressed by Alhaji Issaka Inusah on the unsuitable nature of the December 8 election date.
“The public must certainly take notice of the statement by the NPP (signed by Dr. Wayo Seini) contained on page 11 of the issue of the Daily Graphic of August 15, this year, that this year’s elections date of December 8, coincides with Mr J. A. Kufuor’s birthday and that the majority of Ghanaians who are yearning for change would be trooping to the polling stations to hand him a happy birthday gift,” he advised.
“There can be no better evidence than the above to indicate the total lack of concern for the interest of Moslems in this country on the part of Mr Kufuor and the NPP. Indeed, the NPP is obviously taking the Moslem community for a ride with its recent canvassing of support in the Zongos, for if the religious beliefs, rites and activities as well as the voting rights and voting opportunities of Moslems must be sacrificed at the altar of the birthday sentimental whims of Mr Kufuor, where is the commitment of the NPP to the social, economic, religious and political interests of Moslems? Obviously, for NPP, Moslems are at best, second-class citizens and at worst aliens in Ghana,” he contended.
Dr Aidoo also indicated that the stance of the EC Chairman was insensitive to the religious beliefs of Muslims who, he said, constitute a substantial proportion of the electorate but who would also be going to worship that Friday during the Holy Month of Ramadan.
