The National Organiser of the ruling New Patriotic Party (NPP), Henry Nana Boakye, has alleged that the opposition National Democratic Congress (NDC) demand for a forensic audit of the voter register is unwarranted, empty, and must be rejected.
His comment comes amidst the demonstration led by the leading opposition party, NDC against the Electoral Commission for a forensic audit of the voter register, thus submitted a petition to the Speaker of Parliament, Alban Bagbin and the EC which was submitted to Samuel Tettey, deputy chairman in charge of operations.
However, Nana B in a Facebook post indicated that the NDC has failed to back their claims with any legal basis for its demand that the Electoral Commission (EC) cede its constitutional mandate to a third party.
He further cited that, Article 45 of the 1992 Constitution and Section 2 of the Electoral Commission Act, 1993 (Act 451), exclusively confer on the EC the authority to compile the electoral register and supervise all elections.
He further noted that Article 46 of the Constitution and Section 3 of Act 451 guarantee the independence of the EC, ensuring it is not subject to the direction or control of any other person or authority.
“The Supreme Court, in several cases including Philip Kwaku Apaloo, (2010), Ransford France (2012), Abu Ramadan Series (No. 1 and 2) and NDC v AG (2020) has upheld the independence of the EC and affirmed that where multiple choices avail the EC in the performance of its functions, the EC has the sole discretion to choose one and nobody, not even the Courts can compel otherwise except the decision is unconstitutional.”
“The present choice of the EC in working with the parties to address any concerns has been the practice throughout the 4th Republic and successfully resulted in five (5) elections. The insistence of the NDC in controlling the EC by compelling the introduction of a 3rd party into the execution of the EC’s constitutional mandate is a breach of its independence. More so, when the EC throughout its processes has constantly engaged parties at IPAC and actively worked to resolve any concerns”, portion of the post read.
