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Let’s amend CI-127 for EC to provide original copies of pink sheets to presidential candidates – Joy2012

By Eric Nana Yaw Kwafo
Headlines Let’s amend CI-127 for EC to provide original copies of pink sheets to presidential candidates – Joy2012
NOV 4, 2021 LISTEN

The Joy2012 Legal Team is pushing for the CI-127 to be amended to compel the Electoral Commission to provide original copies of polling stations pink sheets to all presidential candidates seven days after the declaration of results.

Although general elections in Ghana continue to be regarded not only as one of the best run in Africa but in the world as well.

Unfortunately, there are still problems that need to be addressed according to the opposition NDC to make it better as demonstrated especially in the 2020 general election.

Not only was the election marred at a point by violence that led to the death of people but different figures given in relation to the final presidential results which saw the 2020 presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama dragging the EC to the Supreme Court to challenge the results.

Moving forward, Joy2012 Legal Team has come out with recommendations that it believes when adopted will solve the impasse between the EC and the any party following last year’s election impasse.

Amongst the recommendations, the Legal Team says it is critical that CI-127 that gives the EC power is amended to include within 21st day ADR option for clarification by Petitioner and EC before the 21 days mandatory petition to the SC is due.

“The EC should be made to make all original copies of polling stations pink sheets to all Presidential candidates at EC’s Headquarters 7 days after declaration,” one of the recommendations contained in a letter to IGP George Akuffo Dampare has said.

It adds, “CI-127 should be amended for EC to mandatorily catalogue all elections-related malpractices to the Ministry of Interior for investigation and prosecution through the office of Attorney General.”

This according to Joy2012 will ensure Justice and compensations to victims who were genuinely exercising their constitutional rights to vote are pursued.

Below are the recommendations:

As a nation, we need to reconsider the nature of Election Petition vis-à-vis the constitutional mandated role of EC as a Respondent or a Referee by amending CI-99 competently. EC as a referee to demonstrate the burden of accountability in petition is a better option.

Should Election Petition be civil adversarial against EC or rather EC is called to clarify in order to account for the validity of her work to SC. JOY2012 legal team believes the latter is the competent position of election petition to balance EC’s constitutional independence.

CI-127 (48), ensures that EC’s work is unimpeded by Presidential Candidates and their Agents nor by their presence or absence can invalidate EC’s results. EC is therefore to clarify through SC by a Petitioner if ADR option fails before 21 days after declaration.

It is very important that CI-127 is amended to include within 21st day ADR option for clarification by Petitioner and EC, before the 21 days mandatory petition to the SC is due. The EC should be made to make all original copies of polling stations pink sheets to all Presidential candidates at EC’s Headquarters 7 days after declaration.

Petition should be clear to specific Polling Stations and Collation Centres for clarification and respective Presiding and Returning Officers should be made responsible through the Chairperson of EC.

CI-127 should be amended for EC to mandatorily catalogue all elections related malpractices to the Ministry of Interior for investigation and prosecution through the office of Attorney General. This is to ensure Justice and compensations to victims who were genuinely exercising their constitutional rights to vote are pursued.

Eric Nana Yaw Kwafo
Eric Nana Yaw Kwafo

Journalist

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