Ms. Gloria Akua Akuffo, Minister For Aviation and one time deputy Attorney-General, has stressed that no aspect of the recently held New Patriotic Party (NPP) Special Delegates’ Congress, that picked a presidential candidate for the 2008 general elections, was in breach of the party’s constitution.
She contended that various arguments being poured out in the media to the effect that the process that eventually picked the flagbearer last Sunday was flawed was baseless and not supported by the party’s constitution.
Reacting to the claims of some lawyers and political commentators, which seemed to slant the congress, Ms. Akuffo said those churning out the allegations have either not read the party’s constitution in detail or simply want to play mischief.
She told DAILY GUIDE in an exclusive interview in Accra yesterday that Article 12 of the NPP constitution was clear on the selection of a flagbearer and contended that the situation that developed at the Great Hall on Sunday never called for an acclamation or the views of delegates.
Likening the situation that arose to a boxing contest in which one contestant throws in the towel, the legal luminary said once there is nothing to contest over, the referee makes his decision without reference to the score-sheet at the time of the Technical Knock-Out (TKO).
“What happened was perfectly within the terms of the constitution, and I see no breach whatsoever. Our party’s constitution is in such simple language that one needs not a lawyer to explain it or give an interpretation,” she said.
According to her, the ground rules for the congress, particularly Article 12, had no ambiguity embedded in them, stressing that after Alan Kyerematen’s concession to defeat had positioned Nana Akufo-Addo as the only candidate, there was nothing left to be placed before congress to determine.
She explained that there is an acclamation if only one person expresses interest to run, adding that the constitution is quiet on a situation where there is only one person ahead of a run-off.
Asked whether in her opinion the NPP constitution was a perfect document, she explained: “The efficacy of any form of legislation is determinable upon its application over a period of time. I think the drafters of the constitution overlooked the recent scenario of a contestant bowing out of a run-off. Perhaps that aspect needs to be looked at again, but certainly there is no breach of the constitution.”
It would be recalled that at last Saturday’s congress at the University of Ghana, the party was faced with a rare development where instead of a run-off between Nana Addo and Alan Kyerematen, the latter threw in the towel and verbally conceded victory to the former.
The party consequently accepted Nana Akufo-Addo as the elected flagbearer, but this generated a hue and cry, particularly in the media and some political circles.
In fact Ben Ephson, editor of DAILY DISPATCH, and Hon. Mahama Ayariga, challenged Ghanaians to contest the election, stressing that the decision required popular acclamation and not the sole concession of Kyerematen.
They asserted that the NPP constitution was modeled on the 1992 Fourth Republican Constitution, adding that there were clear modalities which the executive failed to follow.
Speaking on Joy 99.7 FM, Hon. Ayariga said “If a constitution requires that somebody becomes flagbearer based on getting 50% plus one vote, the assumption is that it is only through an elected process that you can establish that a person has chalked that requirement.”
Two other members of Prof. Atta Mills’ campaign team, Kweku Tawiah Ampah and Eric Ametor Quarmyne, opined that there was no proper closure to the congress and that after the concession of Mr. Alan Kyerematen, the national chairman, Peter Mac-Manu, should have referred to the delegates for acclamation of Nana.
“People are misconstruing jubilation with acclamation. It is frivolous and unacceptable to contend that the delegates were tired because in democracy there is nothing like that,” they said.
But in a sharp response, Nana Ohene Ntow, General Secretary of the party told the media that all persons accusing the party of abusing its constitution by failing to acclaim the election result do not know what they are talking about, and challenged them to go to court.
Article 7 Clause 7 (i) says “Where there is only one nomination as the party’s presidential candidate, the National Congress shall acclaim his nomination as the party’s presidential candidate.”
Clause 7 (iv & v) stated that “Where, however, no contestant obtains more than 50% of the votes cast, there shall be a run-off between the first two contestants and the contestant with a simple majority shall be the party’s presidential candidate. In the event of a tie between the two contestants, the run-off will continue until one contestant obtains a simple majority.”
Interestingly, the constitution remains silent on what happens if a contestant voluntarily bows out ahead of a run-off, as Mr. Kyerematen did.
The question that remains to be answered is, ‘Which part of the constitution did the NPP executive flout when it declared Nana Addo the flagbearer?’
