Elections are won at the Polling Stations, So need for Robust Electoral Security and Vigilance

The Narrative Hook
"The ballot is the voice of the people, the Constitution is its protector, and responsible electoral security is the safeguard that ensures that voice is heard without fear or manipulation’ Hence, the good work by the IGP/Police for Security Cover and the Citizens for voting and then monitoring the election process or vigilance of the process with the support of the Media and Observers are very imperative.

Unfortunately, some of the Candidates for Elections and their supporters, hence the Citizens have yet to clearly understand that Elections are won at the Polling Stations and not in the Office of the EC, which is for supply of the requirements, authentication and gazetting of the final verdict of the people. Among others, the EC is required to duly meet the Constitutional provisions at Article 51 on the Regulations for Elections, Article 49 on voting, and Article 50 on Election of Candidate etc, as some of the Constitutional requirements of the EC.

These are in connections with the needed preparations, instructions, provision of the voting material for the election as well as the needed EC personnel or agents for organizing/ authentication and declaration of the results of elections (as in the Pink Sheets).

Thus the Citizens need to understand that the essentials of Safeguarding the True Verdict of the People require the following (a). Robust Electoral Security Cover by the State especially by the IGP/the Police and not only by the EC. History tells that the Police must be armed to demo show of FORCE and use minimum force as and when necessary to protect property of EC, voters, and officials. And (b). Effective Vigilance by the Players or Candidates or their Agents and the good people (the Citizen. Media team and observers).

So, there should not be a problem to Ghana as reflected in the initial uproar by some people with the recent nomination of Lady Ms Emelia Afi Agbenyo, as one of the qualified persons to fill the two vacancies of the office of the Deputy Commissioner of the Election Commission. The initial uproar by some people was due to an allegation that she was a member or a sympathizer of the ruling regime.

It must be noted that the framers of the Constitution made a deliberate constitutional act to allow persons including past affiliates of a Political Party to be member of the Board of the EC if the meet the stated qualifications, as based on the wisdom of the framers of the Constitution, as explained in retired Major Mohammed Bogobiri Google for ‘’A Member of a Political Party can be a Member of the EC; Since Elections are won at the Polling Station’ or as explained below.

Introduction
Democracy develops its legitimacy from the will and sovereignty of the people. In Ghana, this fundamental democratic principle is strongly founded under Article 1(1) of the 1992 Constitution, which declares that sovereignty resides in the people, in whose name and for whose welfare the powers of government are exercised.

But, the true demonstration of popular sovereignty through elections requires more than the mere organization of periodic polls. It demands a secure, transparent, peaceful and credible electoral environment in which every eligible citizen can exercise the constitutional right to vote without fear, intimidation or undue influence.

Ghana's democratic journey, particularly under the Fourth Republic, shows the importance of credible elections in sustaining constitutional governance and peaceful political transitions. Consequently, robust electoral security and responsible public vigilance must be recognized as essential elements in protecting the integrity of the ballot and ensuring that the final electoral outcome reflects the genuine choice of the electorate.

The responsibility of safeguarding the people's verdict does not rest exclusively on the Electoral Commission or the security agencies. It is a collective constitutional and civic responsibility involving political parties, candidates, election observers, civil society organizations, traditional authorities, the media and ordinary citizens. Ultimately, an election should not be considered successful merely because voting has taken place. Its success must also be measured by whether the process has protected the rights of voters, preserved the integrity of the ballot, ensured transparency in counting and collation, and respected the legitimate verdict of the people as reflected at the Polling Stations..

Constitutional provisions
It must be noted that the Constitution provides for three prominent Independent Constitutional Executive Bodies. These are the Electoral Commission (EC), National Commission for Civic Education (NCCE), and the Commission on Human Rights and Administrative Justice (CHRAJ).

According to Article 44 of the Constitution, to be appointed to the Board of the EC, a person must only meet the qualifications required to be elected as a Member of Parliament (MP). To be an MP, one must be a citizen, registered voter, etc. Being a member of a political party is actually a standard for running as an MP, this complicates any argument that party membership itself is an automatic disqualifier for appointment of a member of EC’s Board.

Clause 4 of Article 232 of the Constitution explicitly states that members of the NCCE Board shall be persons who are qualified to be elected as Members of Parliament but "do not hold office in any political party.

Article 221 of the Constitution explicitly states the Qualifications of the Chairman of the Commissioner and a Deputy Commissioner for Human Rights and Administrative Justice is tied to the Qualifications for appointment as a Justice of the Court of Appeal or appointment of a Justice of a High Court respectively .The Qualifications for appointment as a Justice of the Court of Appeal or appointment of a Justice of a High Court, are one must be a person be a person of high moral character, proven integrity and in the case of Justice of the Appeal Court the person must be of not less twelve years’ standing as a Lawyer and for the High Court of not less ten years’ standing as a Lawyer..

Since the Constitutional text remains entirely silent on barring political party card-bearers or activists from being appointed as a board member of the EC and really indicated that a member should be one with the qualification of a Member of Parliament, this should tell that political party membership card holder can be a member of the EC board.

Since, ironically, to become a Member of Parliament, one is usually heavily involved in the activities of a political party. So one may ask why is that to be at least the Deputy Chairman of the EC, the affected person is required to have the qualifications of elected Member of Parliament and not a Justice of High Court as required for Commission on Human Rights and Administrative Justice, since the enjoy the same terms and condition as applicable to that of Justices of the High Court and not that of a Member of Parliament.

The silence in the text of the Constitution which is seen as leaving a gap, could make one to argue rightly, that from a purposive or intent-based standpoint, textually and legally, the Constitution does not explicitly bar a political party member from being appointed to the Electoral Commission (EC). This is clear when one study the original text of the 1999 Constitution of Nigeria which had a very serious matter.

Before the amendment of the Constitution of Nigeria in 2010, Article 156(1)(a) in the 1999 Constitution of Nigeria clearly allowed card-carrying political party members to be appointed to Independent Executive Bodies, including the Independent National Electoral Commission (INEC).

In the original 1999 text, Article 156(1)(a) in the 1999 Constitution of Nigeria, stated that a person was only disqualified from being appointed to federal Executive Bodies including the EC, if they were disqualified from election as a member of the House of Representatives (Member of Parliament). Crucially, to contest for an election for the House of Representatives to be Hon MP, under the original 1999 Constitution of Nigeria, a person was required to be a member of a political party.

Therefore, belonging to a political party was a qualification for the House of Representatives (MP in Nigeria), and not a disqualification for being a party person. Since by this phrasing, being a party member legally qualified someone for appointment to INEC as in the original 1992 text. .

It is important to stated that in 2010, the Constitution of the Federal Republic of Nigeria was amended; and the provisions amended included Clause (1)(a) of Article 156 of the Constitution of Nigeria with the reason to bar a current member of a political party on serving as a member of the independent executive bodies, including the Independent National Electoral Commission (INEC) while maintaining his Political card bearing status allowed or a mandatory requirement as in the original 1999 text.

This restriction is expressly stated in the 1999 Constitution of Nigeria, as amended in 2010. That a member of any of these bodies shall not be required to belong to a political party, thus in the case of the Independent National Electoral Commission, he or she shall not be a member of a political party. This clearly means that a person appointed to INEC must not be a member of a political party, so he or she must resign before accepting/ assuming the Office.

So, the 1999 Constitution of Nigeria as amended 2010 establishes the requirements for the Electoral Commission membership. When It provides that: (a). Electoral Commissioners must not be members of any political party, hence the Chairman and Electoral Commissioners must be non-partisan. (b). They must be persons of unquestionable integrity etc. There is an important distinction between the original 1999 text in the Constitution of Nigeria and the amended version as made in 2010 by Nigeria. So one needs to understand what the amendment of Clause (1)(a) of Article 156 of the Constitution of Nigeria mean in practice? .

It only meant that a person who remains a member of a political party is constitutionally disqualified from appointment to Electoral Commission known as INEC. Thus a former political party member or a person who previously belonged to a political party is not automatically disqualified merely because of that past membership. This is meant to ensure Political neutrality. So Electoral Commissioners of INEC in Nigeria are expected to Work independently in decision making, operations and administration without partisan influence.

Therefore, the appointment of a person who remains an active member, repeat who remains an active member of a political party would raise a constitutional eligibility issue under Article 156(1)(a) of the Nigeria Constitution .Since a member of any of the Independent Executive Constitutional bodies shall not be required to belong to a political party as in the 1999 Original text.

Since the Ghana’s 1992 Constitutional text remains entirely silent on barring political party card-bearers or activists from being appointed as a board member of the EC, this should tell that a political party membership card holder can be a member of the EC board.

The silence in the text of the Constitution though seen as leaving a gap, one could argue rightly that from a purposive or intent-based standpoint, textually and legally, the Constitution does not explicitly bar a political party member from being appointed to the Electoral Commission (EC).

So one maybe right to say that, the framers of the Constitution made a deliberate act with the requirements for membership of the EC. Hence for a good reason, since they provided the CEO of the EC and the Two Deputies with same juicy terms and condition of services with secured tenure of office, till age of retirement as for Justices of Superior Courts. These are meant to ensure effective functional independence of the Commissioners or members of the Board of the EC.

Consequently, it is recommended that the best actions by Lady Ms Emelia Afi Agbenyo, now as Deputy Commissioner of the EC, is to strictly divorce her association with any political party (the NDC) and work independently or hence in nonpartisan manner at all times when as Staff of the EC. So the litmus test for her with her colleagues at the EC is to act professionally by adhering to best practices or the ethical standards of EC.

So, there should not be a very serious problem with the appointment of a past visible or perceived political party affiliates as a member of EC, since 1993 or is it since 2015, starting with that of Lady Mrs Charlotte Osei as Chairperson of EC, who was alleged to be a member of the NDC.

Facts suggest that Mrs Charlotte Osei could not have been or she was not a member of any Political Party, by the fact that she reigned on 29 June 2015 as the Chairperson of the NCCE, whose members were barred by the Constitution from being a member of Political Party as explained above. She resigned on 29 June 2015 from the NCCE, and assumed the Chairperson of the EC on 30 June 2015, (hmm within 24 hours).

There should not be a problem with a previous member or affiliate of Political Party as a member of the EC, since elections are won at the field or at Polling Stations. This is the Reason for this topic which is a very good and relevant one, particularly in the context of Ghana's democratic development, electoral integrity, constitutional governance and the protection of the people's mandate.

Since the topic carries an important message that elections are not truly democratic merely because citizens cast their ballots. The process must also be protected so that every eligible vote is respected, every person's right to vote is safeguarded, and the final results genuinely reflect the will of the electorate. Hence it is a collective or shared responsibility of all Ghanaians, hence every good citizen to see as a civic duty to support the IGP/ Police with the support of the Sister Security Agencies as the IGP/Police obligatory duty to provide the enabling environment, the protection of all assets and persons.

Historical issues
Historical importance of electoral security in Ghana: Ghana's democratic journey has been shaped by its electoral experiences, particularly since the return to constitutional rule effective 07 January 1993.The introduction of the Fourth Republic established a constitutional framework for democratic elections and the peaceful transfer of political power. Historically, Ghanaians are yet to see to the importance of peaceful elections in strengthening national stability, may be due to greediness for power. So, Ghanaians especially the IGP need to draw Lessons from previous elections and electoral disputes. So, as to see to the importance of providing enabling environment before, during and immediately after voting to ensure for the protection of the voter, ballot integrity and public confidence. So we need not to be disturbed with a former affiliate of a political party like Lady Ms Emelia Agbenyo as a Member of the Board of the EC.

Constitutional provisions
Constitutional foundation of electoral security. Constitutional provision Relevance are found in (a). Article 1 of the Constitution tells Sovereignty resides in the people (b). Article 21. Protects fundamental human rights and freedoms. Article 42. Guarantees the right to vote. Article 43 Establishes the Electoral Commission. Article 45 Outlines the functions of the Electoral Commission. Article 46. Protects the independence of the Electoral Commission for decision making, operations and administration. Article 49. Addresses voting by secret ballot and the conduct of elections. An important central constitutional argument is that electoral security must protect the people's constitutional right to freely choose their leaders

The role of security institutions
Security institutions especially the Police have an important responsibility to protect the electoral process without interfering with the independence of the Electoral Commission. A particularly important argument is that security institutions must protect the electoral process, not protect the interests of any political party or candidate. Security Agencies are to ensure the following; (a).Maintaining law and order during elections. (b). Protecting voters and electoral officials. (c) Preventing intimidation and electoral violence. (d). Safeguarding electoral materials. (e). Ensuring that political disagreements are addressed through lawful procedures.(f). Remaining politically neutral and professionally accountable.

The importance of public vigilance
Electoral security is not solely the responsibility of the IGP and security agencies. So the Citizens, political parties, election observers, journalists and civil society organizations also have responsibilities as follows:

(a). Citizens remaining alert to electoral irregularities. (b). Political party agents observing the counting and collation processes. (c). Election observers promoting transparency and accountability.

(d).Journalists reporting verified electoral information.(e).Citizens rejecting misinformation and inflammatory political communication. (f). Citizens Reporting suspected electoral offences through lawful channels

There are great differences between democratic vigilance and political vigilantism. Democratic vigilance means lawful observation, accountability and peaceful reporting. It does not mean taking the law into one's own hands as in political vigilantism which is criminal offence.

Transparency in vote counting and collation

Article 49 of the Constitution provides for secret voting, counting at polling stations, recording votes and announcing polling station results. So the people's verdict must be accurately established and protected, hence need for: (a).Security/safety of voters, and Transparent counting of ballots.(b). Presence of authorized polling agents including that of the Candidate.(c). Proper completion and signing of polling station results as provided or required in the Pink Sheets. (d). Accurate coverage by the citizen or observers, media and transmission and collation of results by the EC officials on the ground. (e). Public communication by the Electoral Commission.(f). Lawful procedures for resolving any dispute involving with the EC. Article 48 of the Constitution on the appeals from Decisions of the EC in respect of demarcation of a boundary. Article 54 of the Constitution on any dispute or for the challenging the election of the President or the challenging procedure in case on any dispute challenging the election of Hon MP. .

Consequences of weak electoral security

The hazards/risks when electoral security and vigilance are compromised include the following: (a). Electoral violence and intimidation. (b). Loss of public confidence in democratic institutions/ Reduced public trust in state institutions.(c). Disputes over election results. (d). Political instability and social division. (e). Damage to Ghana's international democratic reputation.

Recommendation
Measures for strengthening electoral security Need for (a). Strengthening professional training for election security personnel. (b), promoting political neutrality among security institutions. (c). Improving collaboration between the Electoral Commission and relevant institutions. (d). Encourage peaceful political participation.(e).Strengthening civic and voter education.( f). Promoting transparent electoral procedures. (g). Ensure accountability for electoral offences. (h). Encouraging citizens to respect constitutional processes and lawful dispute-resolution mechanisms.

Conclusion
The ballot is the voice of the people, the Constitution is its protector, and responsible electoral security is the safeguard that ensures that voice is heard without fear or manipulation’