EC dismisses concerns on constitution violation

The Electoral Commission is dismissing concerns that it is in violation of the constitution over its preparation for next year's district level elections.

It says it will not be in violation of any law if it goes ahead with preparations for the elections.

The minority in parliament this week raised the alarm on the floor of the House asking that the EC be prevented from going ahead with the elections.

Although the EC closed nominations for the elections last Sunday, the constitutional instrument 85 (CI 85) which gives them the legal backing to hold the elections only matured in parliament on Monday.

Minority leader Osei-Kyei Mensah-Bonsu says the EC's action makes a mockery of the constitutional provision relating to the holding of elections.

“Whereas the instrument has not matured, the Electoral Commission has already started implementing the contents of the instrument and it is most irregular. The EC must be called to order.”

He said the EC cannot continue with the implementation when electoral areas have not been well defined.

The CI 85 is a legal instrument which seeks to demarcate electoral boundaries for the district elections in 2015. In all, 6,156 electoral areas have been created.

Member of Parliament (MP) for Effutu, Alexander Afenyo-Markins told Joy News' Elton Brobbey that the EC's actions may result in a legal suit if they refuse to restart the process.

“The Electoral Commission is not above the law; it must respect the Constitution of Ghana and the laws governing it. CI 85 was laid before Parliament and had 21 days to mature, therefore, before they take any steps by opening and closing nominations, the law governing the process should have been opened before it was done.”

He indicated that whatever the EC has done before the instrument became effective has no effect in law and that it is purely unconstitutional and illegal.

But the head of public affairs at the EC, Christian Owusu Pare says parliament has not complained to the commission about the maturation of the constitutional instrument.

“We have not received any communication from parliament indicating that the instrument has not matured at the time we took the nominations.”