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Chastising A State Institution In The Legitimate Performance Of Its Mandate: A Dangerous Path For Our Young Democracy

Feature Article Chastising A State Institution In The Legitimate Performance Of Its Mandate: A Dangerous Path For Our Young Democracy
JUN 12, 2020 LISTEN

"In the 21st century, capable, reliable and transparent institutions are the key to success. Strong parliament; honest police forces; independent judges; an independent press; a vibrant private sector; a civil society. These are the things that give life to democracy because that is what matters in people's everyday lives". These were the exact words of the 44th President of USA, Barack Obama on July 11, 2009 to the Ghanaian Parliament when he made a historic visit to Ghana. The nook and cranny of all what he said was that Ghanaians must respect institutions of state and allow them to perform their constitutional mandate as enjoined them by the constitution without any interference and obstruction. It also means that successive governments must create the enabling environment and provide for the state institutions the needed logistics and finance to work effectively and efficiently. By state institutions, I mean any agency, department, council, commission and authority created by the constitution or an act of parliament.

It is a crystal clear fact that a well functioning and stable institution contribute positively in immense measure to state formation and development. The 1992 constitution of Ghana which is the supreme law of land has created many state institutions and charged each with a specific mandate. Notable among these state institutions are Commission for Human Rights and Administrative Justice( CHRAJ), National Commission for Civic Education( NCCE), National Communication Authority( NCA), Food and Drugs Authority( FDA), Electoral Commission( EC) , Bureau of National Investigation(BNI) among others.

These institutions in several instances have come under attacks by persons or group of persons who under those instances had their views and aspirations contradicted by these state institutions in the performance of their legitimate mandate. Case in point is the Electoral Commission of Ghana which has come under a barrage of attacks by the NDC since it mooted the idea to compile a new voters' register- a move it has seen as the best going into the 2020 elections.

Since the day the Electoral Commission made that announcement, the NDC has never spared any moment in chastising the Electoral Commission. It seems no amount of reasons expounded by the Electoral Commission will make the NDC soften its stance against the Electoral Commission.

They have employed a series of techniques to stop the Electoral Commission from carrying out its constitutional mandate. Not a day goes by that Ghanaians will not hear insults, personal invectives and innuendos hurled at the Electoral Commissioner and threats of death served her by senior members of the NDC and their associates.

Some have even threatened to cause mayhem at the registration centres should the Electoral Commission refuse to follow their orders and go ahead to compile a new register. Just last week, the general secretary of NDC, Asiedu Nketia and other affiliates of the NDC were in Northern Ghana inciting chiefs against the Electoral Commission.

Habitually of every electioneering period in Ghana, some political parties will hold views different from that of the Electoral Commission but at the end of the day, the Electoral Commission decides what it thinks is the best for the elections in conformity with the laws of the country. Though the decisions taken by the Electoral Commission have always disfavoured other political parties, they all respected it and allowed the Electoral Commission to conduct the elections smoothly.

Not quite long ago, precisely in 2015, the NPP called for a compilation of a new voters' register going into the 2016 election which was vehemently kicked against by the NDC. The Electoral Commission which was the referee and has always been the referee for the game decided to conduct the 2016 elections with the old voters' register coinciding with NDC's view but countered that of the NPP. The NPP respected the decision of the Electoral Commission though it was not satisfied with it and complied with the Electoral Commission.

The NDC seems to be setting a bad precedent for our young democracy with their purposeless and unnecessary attacks on the Electoral Commission. The 1992 Constitution has charged the Electoral Commission to conduct elections and its related matters in Ghana.

As stated by former President Agyekum Kuffuor " Not until we have amended the Constitution we should accept the independence and authority of the Electoral Commission to do its work". His statement was re-echoed by former President Mahama in 2015 when he stated The NDC's militant approach in showing their disapproval to the decisions of the Electoral Commission is a dangerous path for our young democracy.

It surely will serve as a benchmark for future attacks on the Electoral Commission. Though, the Electoral Commission in previous elections had criticisms from some political parties, that of the NDC in this year is unprecedented because it is fraught with death threats on the lives of the Commissioners, personal attacks, threats to cause mayhem at the registration centres and deliberate attempt to run down the state institutions just because it has refused to kowtow to its directive but decided to work according to laid down rules and regulations. In as much as a citizen has the right to criticize or disagree with a decision of a state institution, such a citizen must be mindful of his or her choice of words in that he or she does not denigrate. Let this sound a caution to the NDC.

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