IN FURTHERANCE OF FREE, FAIR AND TRANSPARENT ELECTIONS: IMMEDIATE COUNT AND DECLARATION OF THE RESULTS OF SPECIAL VOTING EXERCISE; A CONSTITUTIONAL REQUIREMENT!

 IN FURTHERANCE OF FREE, FAIR AND TRANSPARENT ELECTIONS: IMMEDIATE COUNT AND DECLARATION OF THE RESULTS OF SPECIAL VOTING EXERCISE; A CONSTITUTIONAL REQUIREMENT!

PREAMBLE:

In exercise of our constitutional responsibility which enjoins all citizens to uphold and defend the National Constitution, to wit, the 1992 constitution of Ghana, and in pursuance of free, fair and transparent elections; and in further exercise of our freedom of expression: Critical Thinkers International and CENAB write to bring out what we think are inconsistent regulations contained in Ghana’s Public Elections Regulations, 2012, to wit, CI 75.

WHAT CI 75 PROVIDES (THE CURRENT PRACTICE):

Regulation 21 (1) of CI 75 provides that “a voter may apply to the returning officer of the constituency in which the voter is registered to be entered as a special voter  if as a result of election duties the voter will not be able to be represented at the polling station where the voter is registered on the day of elections”.

Sub regulation (7) of the same regulation 21 says “a person whose name is entered on the special voters list shall vote at a polling station specified by the (Electoral) Commission and on a day which is not more than seven days before the polling day appointed by the returning officer and advertised in a manner that the Commission may direct”

Sub regulation (10) goes on to add “subject to sub regulation (11) voting at a polling station for special voters shall be conducted in the same manner as voting on polling day”

Sub regulation (11) then provides that “the returning officer shall at the end of the special voting:

(a)          ensure that the ballot boxes are kept in safe custody after the poll has closed;

(b)          ensure that the ballot boxes are sealed with seals of the Commission and any candidates who wish to add their seal;

(c)          arrange for the ballot boxes to be opened at the time of the counting of the votes cast on the polling day and the ballot papers shall be counted in the same manner as those contained in the ballot boxes used on the polling day”

The above provisions have been the practice by the Electoral Commission of Ghana over the years.

WHAT THE LAW SAYS:

The 1992 Constitution of Ghana under Article 49 provides for the immediate count and declaration of election results right after close of polls.

Clause (2) of Article 49 specifically directs that “Immediately after the close of poll, the presiding officer shall, in the presence of such of the candidates or their representatives and their polling agents as are present, proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question”

Clause (3) of the same Article further directs that “the presiding officer, the candidates or their representatives and, in the case of a referendum, the parties contesting or their agents and the polling agents if any, shall then sign a declaration stating-

(a)          the polling station; and

(b)          the number of votes cast in favour of each candidate or question;

and the presiding officer shall, there and then, announce the results of the voting at that polling station before communicating them to the returning officer”.

The above is the position of the law as far as the counting, recording and announcing of voting results are concerned, contrary to what the Constitutional Instrument (CI 75) provides.

SUPREMACY OF THE CONSTITUTION:               

From the above, it is obvious the provisions of the sub regulation (11) of Regulation 21 of CI 75 pertaining to special voting contradict Article 49 clause (2) and (3), at least from our layman point of view.

Article 1 clause (2) of the 1992 Constitution stipulates that “this Constitution (the 1992 Constitution of the Republic of Ghana) shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void”.

THE CASE FOR IMMEDIATE COUNT AND DECLARATION:

One may ask if such immediate declaration of the results of special voting will not prejudice the outcome of the general election on polling day. Critical Thinkers International and CENAB this thinking likely has informed the current practice of withholding the counting and declaration of the results of special voting in Ghana till polling day.

But I equally believe the Constitution has some wisdom in providing for voters to be 18+ years of age and most importantly “be of sound mind”. The reasoning Critical Thinkers International and CENAB again want to believe, is that, at age 18+ and with sound mind, one should be capable of making right and independent decisions, including the decision to elect leaders through voting. It is therefore not certain, if the argument of prejudice carries so much weight.

The curious questions that should rather be asked with the current practice are:

* Can the ballot boxes of the special voting exercise be “stuffed” with “illegitimate” ballot papers to favour one side during the period of custody?

* Can persons or groups of persons secretly change ballot boxes with similar ones with same seal numbers but different content?

*             What is the cost of security measures for transportation (i.e. special ballots, seals, transport and secure storage up to a maximum of seven days)?

*             Can such cost be saved the nation for other more beneficial purposes?

If your answer to any or all of the above questions is yes (or alarming as in question 3), then we suggest you will agree with us that the current system of special voting as spelt out in Regulation 21 (11) is questionable.

One of the prevailing reasons why vote counting should commence as soon as possible is that there is a strong correlation between the time which results are announced and the extent to which suspicions are raised. As such, any attempt to delay both the count and the public declaration of the result must be discouraged.

Ultimately, the issue of transparency comes to mind, and is perhaps the foremost consideration. If transparency is found wanting, then it undoubtedly raises questions concerning whether votes have been tampered with.

Vote counting at the polling station soon after the close of poll is the most transparent process and reflects the best method of enhancing the credibility of a poll in a polarized or disputed environment (Ghana is at least polarized along political party lines, you will agree!).

Party agents and observers can arrive before the station is set up, see the empty ballot box, see the voting process carried out throughout the day, and then see the count, in the same vicinity. Consequently, the agent (observer or voter) can testify as to the fairness and legitimacy of the process at that station.

If ballots are moved before they are counted, it invariably creates an opportunity for electoral losers to allege manifestations of cheating during the transport or storage phase.

Finally Critical Thinkers International and CENAB again indicate that counting and declaring voting results immediately is also a cost effective option since expensive security measures (i.e. special ballots, seals, transport and secure storage) become unnecessary.

CONCLUSION:

It is our conclusive view that Regulation 21 (11) of CI 75 of the Public Elections Regulations, 2012, contradicts Article 49 clauses (2) and (3) of the 1992 Constitution of Ghana.

Critical Thinkers International and CENAB therefore call on the Electoral Commission to cause to be effected, changes in the CI 75, to conform to the dictates of the Constitution which is the Supreme Law of the land. Critical Thinkers International and CENAB also call on all patriotic citizens, and particularly stakeholders of our electoral process, to prevail on the EC to ensure the law as provided for in the Constitution, is strictly adhered to.

REFERENCES:

“The 1992 Constitution of the Republic of Ghana”

“www.ec.gov.gh/ci-75”

“ACE Electoral Knowledge Network (www.aceproject.org )”

Abire Desmond Ayambire

Critical Thinkers International and CENAB-Ghana

 Kakabolt88@yahoo.com

0202188059/0248088552

(The author is a graduate of UDS-SMHS in Tamale)

....................SIGNED. ..............

CRITICAL THINKERS INTERNATIONAL

criticalthinkersintl@gmail.com

www.criticalthinkersghana.blogspot.com

Abire Desmond Ayambire

0202188059/0248088552

Quarshie Egyer Joseph

00233269560070

Kwadwo Akowuah Acheampong

00233 240 630 802