Ghana's Electoral Process: A matter of reform or go bust

On 7th December, 2024, Ghana successfully organised its 9th Presidential and Parliamentary elections and, thus, further demonstrated its strong commitment to democratic governance.

The 2024 general elections and the 7th January 2025 swearing-in of President John Dramani Mahama marked the fourth time power has peacefully transitioned from one political party to another.

Peaceful it seemed. And, yes, as usual, we were applauded by the rest of the world, who regarded the successful election and transition of power as a further testimony to Ghana's democratic credentials.

The applause and plaudits notwithstanding, any keen observer would realise that recent general elections in Ghana have been so tensed that a little spark could inflame the nation by way of widespread electoral violence.

This palpable tension and increased risk of major electoral violence have come about as a result of the advanced technologies being used by political parties to collate election results contrasted with the static approach by the Electoral Commission of Ghana in collating and declaring results as well as perceived bias of the Commission.

The major political parties are becoming technologically savvy and smarter than the Electoral Commission and this is posing a major threat to the peace and stability of the country.

At the time the Constitution, Representation of the People Law, 1992 (PNDCL 284), Electoral Commission Act, 1993 (Act 451) among others were promulgated, it was inconceivable that at a certain point in the future, political parties could rely on cutting edge technology to collate the election results of their parties and those of their opponents and, thus, virtually determine the outcome of a nationwide elections within few hours after the close of polls.

This is presently the case. The Electoral Commission of Ghana is unable to match the technological capabilities of the two main political parties and thus keep pace with them. It takes the Commission days after the close of polls to finally declare the official results of the elections.

In the last three Presidential and Parliamentary elections, the inability of the Electoral Commission to stay in step with the political parties in announcing election results has been creating unwanted tension across Ghana.

Once a political party declares victory the morning after the elections, it spurs on their supporters to mass up at collation centres to attempt to compel the Electoral Commission to officially declare their party as victors. Any delays by the Electoral Commission creates the perception that the Commissioners are attempting to manipulate the election results.

The gathering of the masses at these collation centres and their readiness to resort to violence has been heightened by the deepening distrust voters have for the Electoral Commission. This cynicism about the Electoral Commission stems from the mode of appointment of the Electoral Commissioners as prescribed by Ghana’s Constitution.

Section 4 (2) of the Electoral Commission Act, 1993 (Act 451) provides that the President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen and the other members of the Commission.

Although section 3 of the same Act 451 states that the “Electoral Commission of Ghana shall not be subject to the direction or control of any person or authority in the performance of its functions”, the Commissioners could be appointed by a President, who stands for election (if his term has not expired) or whose party’s presidential and parliamentary candidates stand for elections that are supervised by the Commissioners he may have appointed.

It is akin to Arsenal playing against Manchester United in an FA Cup Final with Manchester United appointing Michael Oliver as referee for the match. The bias, real or perceived, could result in pitch invasion and or violence in and around the stadium.

The perceived bias of the Electoral Commission has not only resulted in palpable tension, but also a situation where a new government attempts to remove the Commissioners as an act of revenge or a means of softening the grounds for future election victories.

With political parties accurately declaring election results in a matter of few hours after polls have closed and their supporters subsequently massing up at the collation centres, it takes the civility and magnanimity of a defeated Presidential candidate, who would graciously concede defeat many hours, if not days, before the Electoral Commission officially declares results to save the country from imminent violence that could escalate very fast into an avoidable civil war.

Dr. Bawumia did that kind of concession in the 2024 Presidential and Parliamentary elections and many people thought his action saved Ghana from a looming electoral violence.

Perhaps it was an ‘easy’ decision for Dr. Bawumia to concede defeat and congratulate President Mahama because per the NPP’s own expedited collation of the general elections results, it was a crushing defeat for them. However, if the results of the 2024 general elections had been quite close with no concession of defeat from the NPP and a declaration of victory by the NDC ahead of the Electoral Commission’s official declaration, only heaven knows the edge of the abyss this would have taken the nation.

Where do we go from here? How do we eliminate this seemingly growing danger menacingly lurking around our national elections? Two proposals.

Firstly, there is the need to amend the electoral laws t to mandate the Electoral Commission of Ghana to declare results within 32 hours after the close of polls. This would require a total transformational change in respect of election results collation, transmission and declaration, including the removal of superfluous layers of the process.

The Electoral Commission can have an enhanced version of the technology being used by the two major political parties to achieve its goal of a 24-hour results declaration. After all, the Commission always has a far bigger budget than the political parties.

The amendment should also ban political parties from organising press conferences to declare results ahead of the Electoral Commission. Any person or persons who flout(s) the amended provision should be charged with a criminal offence.

Secondly, as part of our quest to amend the Constitution, the power to appoint the Commissioners of the Electoral Commission should be taken away from the President and vested in the National House of Chiefs, who would undertake the following process to select perceptibly impartial electoral umpires:

• Advertise any vacant Commissioner position

• The key criteria for applicants shall include:

- Being a Ghanaian

- Applicants should not be politically affiliated

- Applicants should not be politically exposed, including not being from a family of known party affiliation or having family members being influential members of a political party.

- Applicants must not have previously belonged to a political party or expressed sympathies for a political party.

- Academic and moral qualifications considerations.

• The National House of Chiefs shall engage a reputable consulting firm such as KPMG or PWC to assist it shortlist applicants.

• The process of shortlisting shall involve the security agencies conducting background checks on the applicants.

• Details of shortlisted applicants shall be published in the papers and anyone who thinks, per the criteria set, a shortlisted applicant does not qualify to become a Commissioner shall submit a complaint to the National House of Chiefs justifying his/her reasons for the objection.

• The final shortlisted applicants shall be interviewed by the eminent chiefs with assistance from the consulting firm and select the most qualified person or persons as Commissioner(s).

Just like Parliament, the National House of Chiefs is also, traditionally, representative of the people of Ghana. The members command greater respect, reverence, traditional powers, serve as the embodiment of the custom and spirit of the people of Ghana and therefore would be better placed to play a greater role in our democratic dispensation. Any attempt to influence a chief performing a national duty should be criminalised and convicted offenders duly punished.

After practising democracy for over three decades, Ghana is at the crossroads once again. The Constitution is a living organism that must grow to constantly reflect the changing aspirations and eras to sustain our democratic growth. Our quadrennial general elections now have a thickening dark cloud circling around it and this is the time to amend both the Constitution and the electoral laws to avoid tipping over into the abyss.