Parliament to extend sittings for Nov. election bill to mature

The Chairman of the Subsidiary Legislation Committee of Parliament, Mr O.B. Amoah, has said Parliament may have to sit on Mondays and Saturdays to ensure that the Constitutional (Amendment) Bill, 2016 matures to pave the way for the conduct of the general election in November this year, instead of December.

In an interview with the Daily Graphic in Accra yesterday, Mr Amoah said: “If the Constitutional Instrutment (CI)75 took 'the normal course,” that is, if Parliament sat on only four days in a week as it normally does, the CI cannot mature early enough for November, as it needed to be laid for 21 sitting days to become effective. So we may have to sit on Mondays and Saturdays to ensure that we get the 21 sitting days for the CI to mature. That’s all.”

CI 75
He said although the Electoral Commission (EC) was yet to lay the CI 75 before Parliament to be amended to govern the presidential and parliamentary elections, it was still possible to hold the elections in November.

He told the Daily Graphic that a meeting had been scheduled with the EC, after which the committee expected the commission to initiate the process of laying the CI.

Council of State
Meanwhile, the Speaker of Parliament, Mr Edward Doe Adjaho, has received advice from the Council of State on the Constitutional (Amendment) Bill, 2016 which seeks to amend Article 112 (4) of the 1992 Constitution.

He has, consequently, referred it to the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report.

The bill seeks to change the date of the presidential and parliamentary elections from December 7 to the first Monday of November of every election year.

The Speaker announced his receipt of the advice at the commencement of proceedings yesterday.

The Constitutional (Amendment) Bill, 2016 was laid by the Deputy Attorney-General, Dr Dominic Ayine, on June 28, 2016 and read for the first time.

It was then referred to the Council of State for perusal and advice, as the law stipulates.

The Council of State was under an obligation to, within 30 days, scrutinise the bill and advise the Speaker accordingly.

Background
Currently, the date set aside in respect of the conduct of both presidential and parliamentary elections in the country is December 7, while the swearing-in of the elected President is January 7 in the ensuing year.

However, the one-month period for the transition of one government to another has, over the years, proved to be insufficient for a smooth transition, particularly in instances when there is a run-off, as was the case in 2000 and 2008.

In the light of the apparent weakness in the electoral system and following the election petition in 2013, the Electoral Reform Committee was established on January 23, 2015 to propose reforms to the country’s electoral system.

The committee comprised representatives of the EC.
Recommendations
One of the recommendations made by the committee was a change in the date for the conduct of general election from December 7 to the first Monday in November in an election year.

The committee specified that the elections should be held on the first Monday in November in an election year in order to have elections on a specific day such as Monday, instead of having elections on a specific date.

Reference was made to the United States of America (USA) where elections are fixed for the second Tuesday of November of an election year.

According to the committee, holding the presidential and parliamentary elections in November would allow for sufficient time between elections and the handover of power to an incoming government.

That would also ensure a smooth transition and reduce acrimony and prevent the chaotic situation where former ministers of state are recalled to provide information to the incoming government on matters of the state.

The committee further stated that the reason for choosing the first Monday of November of an election year as a convenient day for the elections was that having a specific day of the week, instead of a specific date, would prevent the inconvenience associated with some days of the week which had the tendency of affecting voter turnout, such as Friday or Sunday.

Other reasons were that having the elections on a Monday would give the EC ample time to prepare by way of transportation and distribution of election materials.

–