Wrongful appointment of EC boss may end up in Court – Ocquaye

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Kofi Adu Bediako 10 years ago

It is a slap in the face of all Ghanians for the president to appoint the electoral commissioner.Many constitutions do not allow this.Rawlings dictated almost the whole of the 1992 constitution and has left the country in cha ...
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It is a slap in the face of all Ghanians for the president to appoint the electoral commissioner.Many constitutions do not allow this.Rawlings dictated almost the whole of the 1992 constitution and has left the country in chaos.The president appoints all cabinet ministers,council of state,District and municipal commisioners.What a dictatorship.The appointment of the EC should have been left for parliament,with all parties voting with a two thirds majority.This cannot been done without the oppostion.Military dictatorship has led Ghana to its lowest level due to the sham constitution they left before departing.God save our dear country from such selfish leaders.
kwasi 10 years ago

Nonsense.The so called intellectuals, mostly NPP sympathisers refused to participate in the drafting of the 1992 constitution at the time. You are now blaming Rawlings.

Nonsense.The so called intellectuals, mostly NPP sympathisers refused to participate in the drafting of the 1992 constitution at the time. You are now blaming Rawlings.
Sarpong-Ababio Kwaku 10 years ago

Hahahaaa Bro
They never knew it will go a long way to affect them someday.
The president and the council of state will be doing the appointment. That's all
Nothing like NPP or other bodies were mentioned in the constitutio ...
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Hahahaaa Bro
They never knew it will go a long way to affect them someday.
The president and the council of state will be doing the appointment. That's all
Nothing like NPP or other bodies were mentioned in the constitution.
Samuel Ansah ,New York 10 years ago

Bediako your stupid talk has nothing in it really. It's the same constitution that Kufour followed in appointing the current Chief Justice . NPP boycotted the drafting of the 1992 Constitution that's being used ,Be ...
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Bediako your stupid talk has nothing in it really. It's the same constitution that Kufour followed in appointing the current Chief Justice . NPP boycotted the drafting of the 1992 Constitution that's being used ,Bediako are you aware? ,It's the same constitution that was followed by Rawlings to appoint this current Electoral Commissioner . When Kufour was appointing the CJ there was noise from the NDC However , when a new Commissioner is about to be appointed NPP began making ugly noise .What is wrong with these maggots ? The President is just following the constitution and no amount of silly noise from people like you Bediako will change anything . Real anarchists indeed
LAWRA 10 years ago

the constitution gave the president the powers to appoint EC chairman with the advice of the council state.he can even appoint Nana ADDO,WHAT ARE YOUR PROBLEMS

the constitution gave the president the powers to appoint EC chairman with the advice of the council state.he can even appoint Nana ADDO,WHAT ARE YOUR PROBLEMS
BlindMan 10 years ago

And he's the first person whose name got tossed out, before the position registered available! He could go to HELL with his complains. A KOOKOASI-NI, called Mike Ocquaye.

And he's the first person whose name got tossed out, before the position registered available! He could go to HELL with his complains. A KOOKOASI-NI, called Mike Ocquaye.
PROFESSOR THOMAS KUBI- McA 10 years ago

WE HAVE TO TURN OVER a NEW LEAF
=======================================
PROFESSOR THOMAS KUBI(FOUNDER )
WWW.CUSTOMERMETRO.COM
AFRIKA MARKETING COUNCIL

WE HAVE TO TURN OVER a NEW LEAF
=======================================
PROFESSOR THOMAS KUBI(FOUNDER )
WWW.CUSTOMERMETRO.COM
AFRIKA MARKETING COUNCIL
Kweku Ananse alias Badere 10 years ago

With all due respect, Prof seems to be confused with the latter part of his advice. Yes the Constitution says "in consultation with the Council of State" and not that the Council of State should be advised by the TUC, Christi ...
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With all due respect, Prof seems to be confused with the latter part of his advice. Yes the Constitution says "in consultation with the Council of State" and not that the Council of State should be advised by the TUC, Christian Council, Muslim Council etc. There is no where in the Constitution where it is stated that the President should consult such bodies. Prof's argument is of persuasive effect and not based on law.Please come again Prof.
concerned Ghanaian 10 years ago

Mike Ocquaye Yaka gbomo. Onye soomei. Tell us what youn mean by wrongful appointment. You are mad and insane at the same time. Tell us who Kufour consult before he appointed the thief Justice. You are very stupid a d a foolis ...
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Mike Ocquaye Yaka gbomo. Onye soomei. Tell us what youn mean by wrongful appointment. You are mad and insane at the same time. Tell us who Kufour consult before he appointed the thief Justice. You are very stupid a d a foolish amn to threatened the president and mother Ghana. I swear that youb will be the bfirst to die.You are a hopeless and foolish animal. Bring it, we are very prepared for you idiot and insane foolish animal. Yaka gbomo you are.
PLAIN PLAIN 10 years ago

Where was Prof Ocquaye when President Kuffour blatantly ignored laid down procedures for appointing the Chief Justice? He did not only refuse to consult the stakeholders as Prof is espousing, but he bypassed the Senior Justic ...
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Where was Prof Ocquaye when President Kuffour blatantly ignored laid down procedures for appointing the Chief Justice? He did not only refuse to consult the stakeholders as Prof is espousing, but he bypassed the Senior Justice that was in line for the routine appointment and handpicked his favorite, the current CJ. When would these double standards of NPP and its surrogates cease?

Kobla ZEGO 10 years ago

This a big joke and coming from a law lecturer?
As much as broad consultation on the appointment is preferable, can't how the courts will uphold any thing to the contrary.
This man is areal joker.

This a big joke and coming from a law lecturer?
As much as broad consultation on the appointment is preferable, can't how the courts will uphold any thing to the contrary.
This man is areal joker.
Al Hajj AAA-RASHID(OH.USA) 10 years ago

FYI Prof. Mike Ocquaye was a Political Science lecturer and NOT a law lecturer.

FYI Prof. Mike Ocquaye was a Political Science lecturer and NOT a law lecturer.
AAA 10 years ago

If the President acts as the constitution says he is in trouble. If he does not act as the constitution says he is in bigger trouble. What kind of idiots are these, who interpret the constitution to suit themselves all the ti ...
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If the President acts as the constitution says he is in trouble. If he does not act as the constitution says he is in bigger trouble. What kind of idiots are these, who interpret the constitution to suit themselves all the time?
mimi 10 years ago

very interesting...but very well said

very interesting...but very well said
abe KK 10 years ago

that's all you know , court ! court! court! Go and go, what came out of the pink sheets?? waste of time and state money. Go to court Oquaye run , run fast and go to court.

that's all you know , court ! court! court! Go and go, what came out of the pink sheets?? waste of time and state money. Go to court Oquaye run , run fast and go to court.
HAZOR 10 years ago

Appoint former UN secretary General Kofi Annan as EC Boss.The Man is full of intergrity and competent and accountability.

Appoint former UN secretary General Kofi Annan as EC Boss.The Man is full of intergrity and competent and accountability.
Brother Akufo-Addo 10 years ago

It is obvious that the NPP would lose the 2016 elections. So if Mr Kofi Annan is made the EC Chairman, the NPP people shall disgrace him. He is a fine man of great integrity.

It is obvious that the NPP would lose the 2016 elections. So if Mr Kofi Annan is made the EC Chairman, the NPP people shall disgrace him. He is a fine man of great integrity.
kutsii. 10 years ago

Professor Ocquaye is a quack Rev. Minister. Sometimes he speaks nonsense to the extent that u think he is an illiterate.

When Kufuor replaced 4 retired Commissioners where was this crabological priest called 'papa ajasco' ...
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Professor Ocquaye is a quack Rev. Minister. Sometimes he speaks nonsense to the extent that u think he is an illiterate.

When Kufuor replaced 4 retired Commissioners where was this crabological priest called 'papa ajasco' Ocquaye ? Nonsense
Abbas, london 10 years ago

just singing, idiot

just singing, idiot
OKOROMANSA 10 years ago

THE GHANA NATIONAL PEACE COUNCIL MUST ALSO NOT SIT DOWN TILL TROUBLE BEGINS BEFORE THEY STRIVE FOR PEACE. REV. ASANTE AND HIS TEAM MUST WAKE UP AND SPEAK OUT NOW BECAUSE THE FUTURE DEPENDS A LOT ON THE EC AS WE ALL KNOW.

THE GHANA NATIONAL PEACE COUNCIL MUST ALSO NOT SIT DOWN TILL TROUBLE BEGINS BEFORE THEY STRIVE FOR PEACE. REV. ASANTE AND HIS TEAM MUST WAKE UP AND SPEAK OUT NOW BECAUSE THE FUTURE DEPENDS A LOT ON THE EC AS WE ALL KNOW.

kinpi 10 years ago

Yes another big idiot Ghana has, listen to him, nonsense, you think ghana is for npp, do your worst We are sick of your evil deed leave us alone ooo,

Yes another big idiot Ghana has, listen to him, nonsense, you think ghana is for npp, do your worst We are sick of your evil deed leave us alone ooo,
Kodjo 10 years ago

Look at the old fool too!! That's all they know, GOING TO COURT!!

Look at the old fool too!! That's all they know, GOING TO COURT!!
Sarpong-Ababio Kwaku, 10 years ago

CAN PRESIDENT MAHAMA'S HANDS BE TIED?

I have pondered many times and have nearly given up on writing this piece. I have really wanted to push the thoughts aside as they came. But it appears I have no other option than to ...
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CAN PRESIDENT MAHAMA'S HANDS BE TIED?

I have pondered many times and have nearly given up on writing this piece. I have really wanted to push the thoughts aside as they came. But it appears I have no other option than to sit and put this together.

As a citizen who has vested interest on our electoral system, I must stand up to speak when attempts are made to discredit the electoral system we have all come together to accept.

The Electoral Commission of Ghana was formed in 1992 ahead of the 1992 elections after the prolonged military rule under His Excellency Jerry John Rawlings who was then ruling as Chairman of the Provisional National Defence Council (PNDC).

The commission is headed by a Chairman and deputy commissioners who together, come up with modalities that would enhance the election processes and by extension, our democratic credentials. They do not do this alone. In their quest to seek for fairness, they engage political parties in their mandate although not enjoined by any law. The Interparty Advisory Committee (IPAC) was formed as a result so as to get political parties involved in their processes and procedures. To this end, they act on concensus reached by these participatory political parties.

Dr. Kwadwo Afari Gyan was appointed Chairman of the Electoral Commission of Ghana in 1993 and had since been the head of that commission.

By June this year, Dr. Gyan is expected to retire, giving way for a new commissioner to be engaged by the state to head the outfit.

Listening to John Boadu one afternoon, I was elated at his position and submissions until he did what is known best of the NPP. The issues at stake are currently taking political and partisan lines which are all aimed at putting the president in a tight corner.

Mr. John Boadu the National Organizer of the New Patriotic Party has indicated that the posturing of the NDC and the EC during the election petition case pointed to the fact that they are in bed. John thought his point was out of the fact that they consulted more during the election petition which got the NPP defeated in the end.

Point is, I have declared someone winner of an election. Then another takes me to court for wrongfully declaring the person so put. In my defence at court, whom do I stand by? Making nonsense of my credibility that I declared a person who should not be? What logic! I should stand by the person I declared because that was what it was.

In any case, what was the position of all the judges who sat on the 8-month protracted litigation the NPP brought before it? Was there a declaration that the NPP be declared winners of the election? The closest of ruling giving was that, results of the affected polling stations be annulled and election rerun. At no point was the NPP declared winners of a single of the poling stations disputed. Declaring the NPP and Nana Addo Danquah Akuffo Addo president was not an option to any of the 9 judges who sat on that case.

I am worried, worried particularly that some individuals leaned to the NPP are creating an image into the heads of the people of Ghana to cast doubt on whoever is appointed the new EC boss.

The constitution has clearly stated steps at appointing a chairman to the commission. The president's only recourse to the appointment of a chairman is to consult with the Counsel of State. Nothing more, nothing less. That is his prerogative as enshrined in the 1992 constitution.

It must be pointed out clearly that, the constitution that mandates the president to appoint a new Chairman was not constructed by the president. At the time this constitution was drafted, no one knew which political party would be in power and which personality would be president of Ghana.

In any case, Dr. Kwadwo Afari Gyan was appointed under the provisions of this same constitution by former president Rawlings. Even though president Rawlings held Professor Mills' hand and declared him his preferred candidate for his succession, Dr. Afari Gyan went ahead to declare the 2000 and the 2004 elections against his candidate and the NDC the party he founded and the party on whose back he appointed him. At the time, the people voted against the NDC and it was accepted.

The NPP was very much comfortable with the Electoral Commission only between the 2000 and the 2004 elections. We are very much aware they boycotted the 1992 elections and even refused to participate in parliamentary elections. Indeed, the 1993 Parliament went without the participation of the NPP. The 1996 elections was no different although they partook in the 1996 elections and had some parliamentary representation.

The confidence of the NPP in the electoral commission and Dr. Kwadwo Afari Gyan the commissioner rose to unimaginable heights soon after they were declared winners of the 2000 and the 2004 elections. Indeed, they confidently stood behind every position taken by the commission under Dr. Kwadwo Afari Gyan ahead of the 2008 elections until they lost it. They indeed alleged rigging of an election they superintended over. They attempted estopping the Commission from declaring the 2008 elections in favour of President Mills but for the presence of the likes of Lawyer Tony Lithur at the Supreme Court the vehicle they had wanted to employ.

Why then must these individuals think the president must be dictated to? Should he now stop the consultations with the counsel of state members and join the NPP for negotiations on who becomes the next EC head?

Laws are formulated for the future and they only get strengthen when put to test. Must the president at this moment give up his power as prescribed by the constitution because the NPP wants to win election and so because of the desire of one man who wants to win power at all costs baring any other interest of the state because this appears his last time? This is an act that no well-meaning democrat would close his or her eyes on.

President Kuffour had appointed more deputy commissioners of the Electoral Commission than any other government. What was our discussions then? Did we see this hypocritic acrimony from these over intelligent citizens who seem to know it all in this country? To them, am I to believe that any step taking by the NPP is indeed valid and safe than that of any other? If Akuffo Addo had won the 2012 and due for the appointment of a new Chairman of the Electoral Commission, would they be talking about broad or even broader consultations?

The broad nature of the consultation was not expanded beyond the members of the counsel of state. Neither was it expanded to the media nor the NPP.

No attempts to skew discussions would sway the president in exercising his constitutional mandate.

We shout loudest when decisions of the president are out of the constitution. Why do we think his mandate must be relaxed on this matter?

To those clandestinely engaging the public to elicit an outcry, it is about time to understand that the president would not fall for any ill-informed politically motivated parochial interest for the admiration of any self-seeking politician who sees his desire to become president as more than any other interest of this country.

The credibility of the Electoral Commission had stood the test. Taken precedence from the works of Dr. Kwadwo Afari Gyan, the commission declares winners as declared at the poling stations. Not some wishful thinking of some lazy politicians who things elections are won at the whims and caprices of the Chairman of the commission.

To expand a bit more, Ghana's democracy has become such a model that, we witnessed in the Nigerian elections which these same people are calling that we study and take lessons from, such that the media was prohibited from declaring results. In Ghana, the media is apparently another eye of the public who have the luxury of declaring results as and when they are certified at the poling stations.

What then is our fear, the entire media landscape declared president Kuffour as winner of the 2000 and 2004 elections even before the electoral commission chairman did. The same was repeated in 2008 and 2012. The courts had indeed confirmed it and no one should see his salvation in the hands of the Chairman of the commission.

Get to work and take a cue from this simple fact, elections are won at the poling stations and not on the desk of the Electoral commissioner.

Go out there and train your polling station executives and make sure you know the entire poling stations in the country so you would not sign letters and appoint poling agents to those stations only to turn around and claim nonexistence of such poling stations. This nation is bigger than the inordinate ambitions of any single individual who is bent on becoming president.

I bow!!!
Sarpong-Ababio Kwaku,TEIN UDS 10 years ago

We shout loudest when decisions of the president are out of the constitution. Why do we think his mandate must be relaxed on this matter?

To those clandestinely engaging the public to elicit an outcry, it is about time to ...
read full comment

We shout loudest when decisions of the president are out of the constitution. Why do we think his mandate must be relaxed on this matter?

To those clandestinely engaging the public to elicit an outcry, it is about time to understand that the president would not fall for any ill-informed politically motivated parochial interest for the admiration of any self-seeking politician who sees his desire to become president as more than any other interest of this country.

The credibility of the Electoral Commission had stood the test. Taken precedence from the works of Dr. Kwadwo Afari Gyan, the commission declares winners as declared at the poling stations. Not some wishful thinking of some lazy politicians who things elections are won at the whims and caprices of the Chairman of the commission.

To expand a bit more, Ghana's democracy has become such a model that, we witnessed in the Nigerian elections which these same people are calling that we study and take lessons from, such that the media was prohibited from declaring results. In Ghana, the media is apparently another eye of the public who have the luxury of declaring results as and when they are certified at the poling stations.

What then is our fear, the entire media landscape declared president Kuffour as winner of the 2000 and 2004 elections even before the electoral commission chairman did. The same was repeated in 2008 and 2012. The courts had indeed confirmed it and no one should see his salvation in the hands of the Chairman of the commission.

Get to work and take a cue from this simple fact, elections are won at the poling stations and not on the desk of the Electoral commissioner.

Go out there and train your polling station executives and make sure you know the entire poling stations in the country so you would not sign letters and appoint agents to those stations only to turn around and claim nonexistence of such poling stations. This nation is bigger than the inordinate ambitions of any single individual who is bent on becoming president.

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Wrongful appointment of EC boss may end up in Court – Ocquaye

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