A former Speaker of Parliament and a member of the governing New Patriotic Party’s (NPP) Council of Elders, Professor Aaron Michael Oquaye has expressed concern over possible negative outcomes of the upcoming general elections if the Electoral Commission goes ahead to implement its proposal not to use indelible ink.
He said the Commission must tread cautiously.
The EC Chairperson, Jean Mensa in a press conference said that her outfit is considering abolishing the use of indelible ink, because the Commission can vouch for the verification systems it has put in place.
Both the governing NPP and the opposition NDC have asked the EC not to implement this proposal.
In a debate on the floor of Parliament for instance, the MP for South Dayi, Rockson Nelson Dafeamekpor said that per the 1992 Constitution, the use of the indelible ink was necessary for the smooth conduct of elections, and its removal is a breach, citing article 51.
Article 51 of Ghana’s 1992 constitution states “51 The Electoral Commission shall, by constitutional instrument, make regulations for the effective performance of its functions under this Constitution or any other law, and in particular, for the registration of voters, the conduct of public elections and referenda, including provision for voting by proxy. 52 There shall be in every region and district a representative of the Electoral Commission who shall perform such functions as shall be assigned to him by the Commission“.
In an exclusive interview with 3News’ Beatrice Adu, Professor Michael Oquaye said that it is imperative for the Electoral Commission to tread cautiously on this because nobody is above the law.
“Definitely, when we are used to something and you want to change it, you must change it cautiously….and in fact, I have had the opportunity to tell the Electoral Commissioner this and that is a personal feeling and especially in an atmosphere where we don’t trust each other very much, I will go cautiously….otherwise people might think that there is something untoward being planned,” he explained.
Professor Oquaye cited a similar case before the 2016 general election when the then EC Chairperson, Charllotte Osei was in charge of affairs and said he warned her that she could go to jail if she tried re-counting votes against the provisions in the law.
“In the last election that brought President Akufo Addo to power, I was the chairman of the Constitutional and Legal Committee of the NPP, Madam Charlotte announce on TV… that if she saw that the voting was that close, she would ask for a re-count to determine all controversies; I in my capacity wrote her a letter …….that ‘you have no such power….‘the laws are clear…….so I advised the young woman, you dare not do that. If you do it, you’ll go to jail. Nobody is above the law, whether you are EC chairman or whatever or even a Minister. In fact, even the President. You can be found liable and jailed…..we are under the law….if you want to be beyond the law, go and live in the wilderness, alone ”
He further advised the EC Chair to allow the use of indelible ink until the country has built enough trust around our electoral systems.
”If I had my own will, unless the trust is built and there’s consensus on it, the little money that we’ll spend on the ink,….Afterall, in our local parlance, we say that plenty fish don’t spoil the soup.”
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