2024 Election: AEI Urges Electoral Commission to Operate within Mandate
The African Electoral Institute (AEI) has called on the Electoral Commission (EC) to strictly adhere to its established regulations and conventions to prevent unnecessary tension and potential legal challenges in the lead-up to the 2024 elections.
This appeal comes in response to concerns raised by some political parties regarding the delay in receiving the completed provisional voter register, just days before the EC’s scheduled nationwide exhibition.
In a press statement issued on August 15, 2024, the AEI highlighted that under Constitutional Instrument (C.I.) 127, Regulation 22 (1), the EC is mandated to provide each registered political party with a copy of the provisional voter register for each constituency no later than 21 days before the exhibition day.
Additionally, C.I. 91, Section 22 (2) states that the final voter register must be delivered to political parties no later than seven days before the exhibition.
These legal provisions are clear and unambiguous, using the word “shall,” which emphasizes the obligation.
The Full Press Statement Below
AFRICAN ELECTORAL INSTITUTE (AEI) URGES THE ELECTORAL COMMISSION TO OPERATE WITHIN ITS ESTABLISHED REGULATIONS AND CONVENTIONS IN ORDER TO PREVENT UNNECESSARY ELECTORAL TENSION AND AVOID UNNECESSARY LEGAL ACTION
The African electoral institute has taken notice of complains by some political parties with regards to the seemly unusual delay by the EC to furnish each registered political party with the completed provisional voter register few days to the EC’s scheduled nationwide exhibition of the compiled provisional voter register.
Thus, the African Electoral Institute (AEI) urges the EC to operate within its established regulations and conventions in order to prevent unnecessary electoral tension.
AEI wishes to refer to regulations 22 sub regulation (2) of Constitutional Instrument (C.I.) 91 (as amended by C.I. 126) which states that “At the end of the compilation of the provisional register as provided in sub regulation (1), a copy of the provisional register shall be given to each registered political party in the form determined by the Commission.
In the opinion of AEI, the above C.I. is not ambiguous in its directive. It did not say ‘MAY’ but ‘SHALL,’ which is instructive.
It should be noted that; the C.I 91 Regulation 22 sub regulation (2) ensures that political parties receive the provisional voter register in a timely manner, allowing them to review and verify the accuracy of the provisional voter register before the exhibition day.
Checks by AEI is that the EC has ALWAYS provided soft copies to registered political parties once it announces that the provisional voter register is completed. We therefore are of the view that whatever the current challenge may be the EC owes it as a duty to communicate same to the necessary electoral stakeholders.
Nonetheless, it would be unlawful for the Electoral Commission of Ghana to fail to provide the provisional voter register to political parties as required by Constitutional Instrument (C.I.) 91 as amended by C.I. 126, Regulation 22 (1) and (2).
By not providing the provisional voter register to the political parties in time, as stated by the C.I, the Electoral Commission would be in breach of its statutory obligations, which could lead to:
1. Legal action: Political parties could take legal action against the Electoral Commission for failing to comply with the law.
2. Election disputes: The failure to provide the register could lead to disputes and challenges during the election process, potentially affecting the credibility and outcome of the elections.
3. Constitutional implications: Repeated failure to comply with the law could raise constitutional questions about the Electoral Commission’s independence and impartiality.
Finally, the AEI submits that it is essential for the Electoral Commission to adhere to the law and provide the provisional voter register to political parties within the specified time frame to ensure transparency, accountability, and a credible electoral process.
SIGNED:
Deputy Director of Communications and External Relations
Joshua Nii Adjin-Adjin Tettey
About AEI
African Electoral Institute ( AEI) is a Civil Society Organisation (CSO) founded to deliver sustainable electoral solutions to Emerging and Developed Democracies to strengthen, augment, and build electoral stakeholders capacity and participation on electoral issues through electoral education on voter’s rights and freedom, electoral research, election monitoring, election observation, election results collation, election security awareness and training of polling agents and elections directors underscoring the fact that “elections are won at the polling stations’’ and the participation of all identifiable electoral stakeholders in an electoral process such as Political Parties, Governmental Institutions, underpinning transparency and accountability for a free, fair, and credible elections in Africa and the wider world.
We are on Africanelectoralinstitute.com.
Source: expressnewsghana.com
About Author
