EC Cannot Be Trusted -COGEF- UK

Press Release:

EC Cannot Be Trusted To Hold Any Elections Resulting From the Petition Case: COGEF- UK.

The ongoing live telecast of the presidential election petition hearing at the Ghana Supreme Court challenging the legitimacy of John Dramani Mahama’s presidency has flawlessly shown that the 2012 general election was totally marred with unprecedented electoral violations, malpractices and irregularities. The Chairman of the Electoral Commission, Dr. Afari Gyan in his submission of evidence in-chief before the Supreme Court Vis-a-vis the Petitioners Lawyer’s cross-examination of the EC boss is clearly depicting serious and burning issues with the Ghana Electoral System which are too huge to be ignored.

Despite strong advocate for maintaining peace in Ghana before and after the elections, coupled with the EC’s earlier promulgation towards free and fair elections, the 2012 election has now become nothing to write home about. Notwithstanding the massive popular support Ghanaians gave to the introduction of the use of biometric registration and verification machines, to ensure clean, fair and transparent elections, the 2012 election can now best be described as the most fraudulent election ever in the history of Ghana.

Since the inception of the 4th Republic, a fight for clean and fair elections has remained the single most important fight that any democratic loving Ghanaian including some political parties in Ghana have related themselves to, but unfortunately, the current revelations from the ongoing petition hearing at Supreme Court is suggesting that, the Electoral Commission and the ruling NDC party may be held responsible for being complicit in the worst electoral frauds through the deliberate omissions, irregularities, violations and malpractices in our history. Even though, the EC and the beneficiary respondents have tried to define these fraudulent acts as administrative errors, human errors, transposition errors, clerical errors etc, which for all intents and purposes confirming the very reasons why the petitioners are in court today.

Now, since the EC Chairman, Dr. Afari Gyan has unambiguously admitted to almost all the violations, irregularities, malpractices and others allegations presented by the petitioners in the open-ended cross examination, the nine member Supreme Court Judges are yet to ascertain whether or not those statutory violations, omissions, irregularities and malpractices indeed affected the results declared by the EC out of the elections held on December 7th and 8th, 2012. It has become evidently clear the Concerned Ghanaians against Electoral Fraud and other fair minded Ghanaians who could not allow their conscience to accept the 2012 election results, conjured through frauds and violations were absolutely right. Today, many Ghanaians have seen the essence and can now associate themselves with the decision taken by the petitioners to seek redress in court. Though the Supreme Court is yet to pass their final verdict on the petition hearing, some political scientist have expressed that, whichever direction the Supreme Court ruling takes, Ghana will never be the same after the ruling. The direction can be positive or negative but, the only thing that can ensure the positive direction for the nation and the people of Ghana is a ruling delivered in devoid of fear or favour, true justice to determine who the legitimate president of Ghana is.

Ghanaians must understand that, there are four possible separate outcomes that can come from the SC ruling in this petition trial; that is, either the SC declares that indeed Nana Akufo-Addo won the election and must be sworn in as the legitimate President; or the errors and irregularities found on the pink sheets could not affect the results to a large extent and for that matter, John Mahama must remain President elected; or after the deductions of the errors, irregularities and other violations, none of the Presidential candidates had the required 50.1% and therefore a run-off must be effected; or the errors, the violations and other irregularities were so large that the entire election was substantially affected and therefore the 2012 election was not credible and must be cancelled for a new Presidential election to be conducted. Some political scientists have recently argued that, looking at the evidence seen so far in court and the weak defence put up by the respondents is suggesting only two possible outcomes from this petition trial, which would be either the first scenario or the fourth scenario narrated above.

Some opinion leaders in Ghana have also expressed that the outcome of the petition hearing has the potential of threatening national peace and cohesion, overstretched the security system, constitutional paralysis, paralyse central and local government machinery if a true and acceptable justice is not delivered at the end. Though, COFEF-UK believes that, the outcome of the petition with regards to whether there were mere electoral errors that could not affect the general results or the statutory violations and malpractices that leads Nana Akufo-Addo as legitimate President, Ghanaians could be rest assured of a better prepared and positively reformed Electoral Commission, and a Judiciary that is well stretched, tried and tested to the highest limit for a better future. These are positive signs but may be negative to the unscrupulous ones, hence, their fears.

At the moment, the image of the Electoral Commission (EC) as it’s presently composed with Dr Afari Gyan still in charge is sublimely tarnished, perhaps beyond repairs to be allowed to hold any presidential election that may result from the ongoing petition. The EC has lost all credibility, integrity and any trust to conduct any credible, fair and error free presidential elections. The petition hearing is undoubtedly creating a deep seated distrust for the EC, which the only remedy would be a thorough reform of the architecture of electoral governance in Ghana.

If there is going to be any presidential run-off election in Ghana as the SC deems it necessary from this petition case, there shall be no President in charge of Ghana and for that matter no Commander in Chief per our constitution in between the times before the run-off/new election taking place. Some analysts fear that the outcome of the hearing that leads to a run-off or total cancellation of the election will trigger the obvious latent political revenge, the poisoned political atmosphere that could spill over in the preparation and campaigning by the political parties, coupled with the tarnished integrity and weakened legitimacy of the EC and major political reversals, uncontrolled political brutalities by the political thugs, etc. These must be considered.

The SC would also need to consider the cost involved to run a new presidential election at this time and in this atmosphere. Meaning the SC would have to institute an interim electoral commission to manage a run-off election if the Court deems so as the best decision or would it be the same current seven member electoral commissioners, and if not, who will be the members of the interim electoral commission?

Our humble advice to the Nine Supreme Court Justices is to deliver a required fair judgement without fear, favour or the cost but for the sake of the posterity of our dear nation.

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Cecelia Adwoa Dompreh.

Co-ordinator - Concerned Ghanaians against Electoral Fraud (COGEF–UK)

Email: concernedghanaiansuk.cogef@gmail.com.

20/06/2013