December 7 General Election: Are there any Matter Arising?

All is set, according to Ghana’s Electoral Commission (EC) for the December 7, 2024, presidential and parliamentary elections across the country. The EC also claims that this election will be the most free and fair of the Fourth Republic. I have no reason to doubt the EC, however as an observer from afar, is the EC living up to the promise of the most free and fair elections in the Fourth Republic? This article is a brief discussion on some matters arising therefrom.

There should be no illusion that the magnitude of logistical task for organising and managing presidential and parliamentary elections for over 19 million registered voters in over 40,000 polling stations will be easy. However, in the past four weeks, problems with the printing and transportations of ballot papers and other issues have left much to be desired.

I will recount some of the minor lapses and confusion that have been the creation of the EC. The first was when the EC cancelled a contract for printing ballot papers with Yasarko Press on October 27, 2024, and re-awarded it Bucks Press and Acts Commercial, see, “2024 Elections: EC replaces ballot paper printing firm over faulty equipment”, Ghanaweb, October 26, 2024. The question is, did the EC conduct due diligence to assess the capacity and capability of Yasarko Press before awarding the contract? What procurement process did Yasarko went through to be awarded the contract?

This was followed a month later when on November 27, 2024, EC announced that it will restrict the accredited journalists’ access to collation centres for the December 7 elections, which caused uproar among media. This was done without consultation with Ghana Journalist Association (GJA) see, “Ghana Electoral Commission decision to restrict media access for collation centres during di 7 December poll cause uproar”, BBC, November 27, 2024. After strong opposition by the GJA, the EC reversed the decision the next day November 28, see, “Electoral Commission suspends directive to limit media access at collation centres”, Ghanaweb, November 28, 2024.

Why is the EC engaging in self-inflicted damage to its credibility and give its opponents reason to raise trust issues with the elections? Why was the EC attempting to restrict access to journalists in an election that the EC itself claim it would be the most free and fair? Does the EC appreciate the role of the media in a free and fair election?

What was strange about this directive was that it was District Electoral Officers who were to decide from local media, the journalists who would have access to the collation centres. When did EC select journalists to cover elections and not media houses? Was that an attempt to stifle free media? This was uncalled for and unnecessary intervention that could have caused damage to EC’s reputation.

We all thought that was the end of incoherent actions and omissions by the EC, then on December 1, 2024, less than a week to election day the EC recalled ballot papers for Eastern and Western Regions after a leakage was detected resulting in the postponement of special voting for the two regions from December 2 to December 5, 2024 , see “EC orders recall and reprinting of Eastern and Western ballot papers due to leakage”, Myjoyonline, December 1, 2024. Whilst we applaud the EC for making such bald decision, the question is how did the leak occur? This is cost to the taxpayer, and it should not be business as usual.

The last incident was an incumbent MP and a parliamentary candidate for Ayawaso West Wuogon Constituency providing food the voters in the queue at Legon Police Station polling station during the special voting on Monday December 2, 2024. This is against Ghana’s electoral laws, yet no EC official attempted to stop what could be seen as an attempt to induce or influence voters. What was disturbing was that even security officers who should have known better also accepted the gift of food.

It was also reported that some voters took pictures of their ballot paper after voting on the special voting day on Monday. This is against the law and must be punished because some do it for monetary or material reward as they use it as evidence of voting for a particular candidate to receive a promised reward. Voting must be in secret and the ballot belongs to the state, therefore, there is no such thing as the right to the ballot paper. There is only a right to vote but not right to photograph your vote, see, “Special Voting: Fire officer arrested for photographing ballot paper in Walewale”, Ghanaweb, December 2, 2024.

Though this is not unusual in Ghana, added to some of the incidents recounted above, they put the EC in bad light. No doubt, many Ghanaians have condemned it and the lack of action against the MP by the authorities. Many are of the view that in Ghana members and supporters of a ruling party are above the law. The Newsfile anchor and private legal practitioner Mr Samason Lardy Ayenini bemoaned what he described as the arbitrary application of law enforcement in the country, specifically in relation to electoral laws. He was of the view that the law would have taken its course if the suspect were the MP’s opponent, see “John Dumelo would’ve been arrested – Lawyer Ayenini reacts to ‘arbitrary’ application of law in Lydia Alhassan’s food sharing saga”, Ghanaweb, December 4, 2024.

Are these errors, mistakes or breaches one too many? Has Ghana’s Electoral Commission become Electoral Confusion? Do they augur well for trust and confidence in the EC by the public and could they cast doubt in the minds of some? I will not attempt to answer these pertinent questions as the public are best placed to do so.

The National Peace Council also organised its ritual of calling all presidential candidates to sign a peace agreement on Thursday November 28, 2024, and called on all to accept the results of the presidential election to ensure peace in the country, see, “Election 2024: Presidential candidates sign peace pact”, Myjoyonline, November 28, 2024. Whilst this is universally welcomed by Ghanaians, as an observer from afar, I was concerned that there was not much about free, fair and transparent elections because it’s free, fair and transparent elections that will ensure peace and not the other way round. As Peter Tosh said, “I don’t want no peace, I want equal rights and justice”, because there is no peace without justice. In fact, it is justice that brings peace. Therefore, I call on the National Peace Council to include free, fair and transparent elections as one of their mantras in 2028 presidential election peace accord.

In conclusion, these incidents, errors, mistakes or lapses though minor, should they be replicated on election day in even 1% of the 40,000 polling stations, they could be grounds for disputed elections. My hope is that all EC officials will do their utmost best, the Electoral Security Force will enforce the laws with civility and treat voters with respect and dignity, voters will exercise patience, queue orderly to cast their vote. Please do not take a picture of your ballot after thumbprinting it. It’s illegal and could be arrested and prosecuted for doing so.

When polling closes, those who count would not be Joseph Stalin who said, “I consider it completely unimportant who in the party will vote, or how; but what is extraordinarily important is this, who will count the votes, and how”. That will be a recipe for disaster and therefore let voters’ decision be the ultimate results.

I leave Ghanaian voters with John Wesley’s advice to voters on October 6,1774 and it’s still relevant. “I met those of our society who had votes in the ensuing election and advised them. 1 To vote without fee or reward for the person they judged most worthy; 2 To speak no evil of the person they voted against, and 3 To take care of their spirits were not sharpened against those that voted on the other side.”

I urge the EC to keep its promise to organise the most free, fair and transparent elections. In my lifetime, the 1979 general elections under the AFRC were the most free, fair and transparent. I challenge the EC to beat that and let the voters decide the winers. I am sure all candidates without exception will accept the results of the most free, fair and transparent elections. Please remember that, free, fair and transparent must not only be done but must also be seen to be done.

I wish the EC success in this difficult but important national endeavour on December 7, 2024.

Kofi Ata, Cambridge, UK