The line, "Whom the gods would destroy they first make mad," is where I want to start. See Proverbs 16:18 as well.
Notwithstanding any obstacles that may come up, Ghana's electoral integrity must be protected and the people's will must be honoured.
Jean Mensa, the chairperson of the Electoral Commission (EC), conducted a news conference yesterday that sparked grave concerns about the Commission's abuse of power and disrespect for the established legal procedures in Ghana's democratic system.
Her suggested course of action is quite difficult and, if put into practice, would set a hazardous precedent, even though the problems she brought to light about disruptions and anomalies in the collation of parliamentary results in nine constituencies are certainly alarming.
According to Article 99 of the 1992 Ghanaian Constitution, these recollections and utterances would be extremely beyond the bounds of the law.
It is crucial to emphasise that the EC Chairperson is not authorised to mediate election-related disputes. She is in charge of overseeing the electoral process. However, she lacks the legal authority to declare such utterances "illegal" or to ignore them.
Since it is the proper entity to make decisions in cases involving disputed election results and anomalies, only the judiciary has that authority. It's intriguing that Mrs. Jean Mensa thinks she can decide a process's vitiating component on her own, acting like a judge.
It is obvious that the Chairperson has overreached herself when she says that the Commission "will not uphold" certain declarations.
She is essentially assuming the function of the courts and undermining the rule of law and due process by making such a declaration. Instead of using the EC's own interpretation of events, Ghanaians should be able to address their election issues through the appropriate legal processes.
It is also quite alarming that the Chairperson has asked the President and the President-elect to fill in. What does she wish them to do? For the past few days, the political parties have been begging the EC Chair to call an urgent IPAC meeting in order to find a compromise, but their pleas have gone unanswered.
Even though the Commission may require security and protection to carry out its responsibilities, it shouldn't be attempting to influence politics or interfere with the election process. It is inappropriate to involve Inspector General of Police Dr. George Akuffo Dampare in this political dispute. The EC is the one who created this problem for itself. The EC needs to tidy up its own mess.
The Chairperson's proposal to recall results in specific seats, even if there is no legal justification for it, is similarly concerning.
The concept of re-collation is not recognised by Ghanaian law, with the exception of those that have not yet been compiled. Following the election dispute resolution procedures outlined in Ghana's electoral laws is the EC's duty; it is not its place to invent new ones on the spot.
Rather than respecting the rule of law and the decision of the Ghanaian people, the Chairperson's actions seem to be motivated more by a desire to assert the EC's own interpretation of events.
This is a risky course that, if unchecked, could threaten the fundamental tenets of our democracy and establish a precedent for future elections in which the EC is no longer an independent and unbiased body but rather the arbiter of election results.
Since gaining office, the EC Chair has maintained a very dictatorial posture. That is bad for democracy. Ghanaians rely on the Electoral Commission (EC) to resolve disagreements regarding the parliamentary outcomes for the nine seats in a fair and open way.
To maintain consistency, the EC must follow established principles rather than attempting to modify procedures to suit particular circumstances.
The EC argued in the 2020 Techiman South parliamentary case that, after a declaration was made, objections ought to be handled by the courts rather than the EC alone.
So what's changed? The EC must apply the rules uniformly, without altering the procedure in specific circumstances. It must guarantee the impartiality and fairness of each decision. Rather than being handled unilaterally by the EC, complaints ought to be settled in court.
There is growing support for the resignation of the EC Chairperson. Many contend that her employment in government erodes public confidence, especially in the wake of the 2024 presidential election.
Joyce Bawah Mogtari, President-Elect John Dramani Mahama's special adviser, made the call, and I wholeheartedly endorse it. Because of the Electoral Commission's (EC) inept and politicised handling of the 2024 elections, she has called on Jean Mensa, the Commission's chairperson, to quit.
Mogtari blames the EC for having too many partisans and arm-twisters, leading to election-related violence, and delaying the announcement of official results. She also takes issue with the EC's spending and the destruction of ballots.
Penplusbytes emphasises the significance of the EC in maintaining legitimacy and trust in the electoral process by recommending the resignation of the EC Chair and Deputies.
In conclusion, it is advised that the EC Chairperson voluntarily retire because of the possible damage to future election procedures and public trust. It is necessary to oppose the Chairperson's actions and remarks since they are troubling.
The judiciary's role in settling election disputes and legal procedures must be respected by the EC. It would be a betrayal of democratic ideals and a disservice to the people of Ghana to attempt to get around these procedures or to assert the Commission's view. The integrity of elections must be protected, and the will of the people must be honoured.
Dr. Kwodwo Afari-Gyan is missed.
Source: AdomOnline.com
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