The New Patriotic Party (NPP) has vowed to resist any attempt by 3rd party interference into the operations of the Electoral Commission (EC).
It said the opposition NDC has no legal basis for its call for the Electoral Commission (EC) to cede its constitutional mandate regarding the voter register to some third party. “It will never happen,“ NPP’s, national organiser, Henry Nana Boakye, a.k.a. Nana B, stated.
In a Facebook post on Tuesday, September 17, after a nationwide protest by the opposition NDC demanding a forensic audit of the voter register, he said, 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 the Commission’s independence.
Constitutional provisions
Making reference to the 1992 Constitution, Nana Boakye said, Article 45 of the Constitution and Section 2 of the EC Act, 1993 (Act 451), exclusively confers on the Commission, the mandate of compiling electoral register and supervising all elections.
“In pursuance of this mandate, Article 46 of the Constitution and Section 3 of Act 451 expressly guarantees the independence of the Commission in the performance of its functions and make it not subject to the direction or control of any other person or authority,” he stated.
Supreme Court ruling
Further citing rulings by the Supreme Court, the national organiser said, the court, in 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.”
Working with parties
“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.
“More so, when the EC throughout its processes has constantly engaged parties at IPAC and actively worked to resolve any concerns.”
He added: “The NDC should know, that while the EC may engage stakeholders in the performance of its functions, that cannot be construed as conferring a right to decide what choices the EC makes in the execution of its constitutional mandate.”
