Ghana must not endorse election illegality

On the 27th of November, 2008, I wrote an article in The Chronicle under the headline “Ensuring credibility of the electoral process” in which I dealt with the various processes that go into an election - i.e., Election administration, operational performance, the conduct of political parties, judicial adjudication of electoral disputes and the conduct of security agencies during campaigning, polling day and post-election phases. The highlights in the article were as follows:

How we ensure that the translation of the WILL of the people (voters) into representative authority at any stage of the electoral process reflects the actual will of the people. I cautioned that, in order to ensure both the appearance and actual integrity of the electoral process, the vital institutions of State which have the oversight responsibility of the election should demonstrate respect for the law, be non-partisan, neutral and transparent. The honesty and impartiality of the Electoral Commission is crucial not only to the success of the election but to the sustenance of democracy in Ghana.

MANDATE OF ELECTORAL COMMISSION
I noted that the final declaration of election results should be the sole mandate of the Electoral Commissioner and not by a political party or its agents. In that article, I protested against the use of terror as an election tool by thugs representing party interest masquerading as state security personnel to intimidate voters and polling agents. I described this as an act of voter oppression designed to disadvantage a political opponent. However, after the voting on December 7, there have been reports bordering not only on election irregularities but actions which undermine democratic tenets. A number of incidents responsible for what I consider as election illegalities within our current political milieu include: reports of people whisking away electoral boxes to unknown places, stuffing of electoral boxes with illegally thumb printed materials by machomen only to return them later, and the destruction of electoral boxes by machomen. Ref: Daily Graphic 09/12/08, page 16. Reports by media correspondents, party activists and concerned citizens of people moving ballot boxes, breaking party seals affixed to electoral boxes in the absence of some polling agents, if true, do not augur well for the practice of democracy in a country that wants to break with its sordid political past. Such acts of impunity by party activists and hired thugs intimidating electoral officials, and the unarmed national security agents, may serve a present political expediency to some people with parochial interest, but sends disturbing signals as far as the reconstruction of our society is concerned. I sometimes ask myself if we know what we want or as a nation whether we are ready for any meaningful change. For example, if the security agencies decided to post about ten armed officers at a polling station, all across the country with military and police vehicles, we would describe the situation as frightening and intimidating.

But when by circumspection state security made their presence more civil, we, the civilian population, acting for various party interests, took the law into our hands, abused the electoral process and breached the law, how do we then judge, our selective behaviour? At what time is it convenient to blame our security officers? The growing climate of political illegality is undoubtedly dangerous. And to keep quiet on these acts of vandalism is to suggest that it is possible to infringe the LAW without being punished. We should not ignore or overlook the emergence of such subversive groups and their activities EVEN IF IT IS OF A MINOR SORT.

ELECTORAL DISPUTES
The idea of contestants who feel dissatisfied of declared results forcefully taking away ballot boxes allegedly aided by state security personnel, or forcing recounts that may exceed the legally stipulated count other than going to court, and the introduction of machomen interfering with E. C. officials is a transversal phenomenon which could prepare the way for more dangerous forms of election illegalities in the future. Some nations have political “godfathers” who control and influence the outcome of elections in their countries. Ghanaians should be WARY about the culture of the “bigman” and “madam” phenomenon which for a long time has intimidated us, and influenced a negative response from the populace even when we are cheated, from entering into our body politic.

It is natural to go to all out to prove one's innocence when one feels cheated though not at the expense of flouting the law. Isn't it? In the same vein, he who cries for justice (in this election) should also pause to see if the verdict he or she demands or fights for reflects the actual will of the people who voted. “No man is good enough to govern another man without that other's consent” - Abraham Lincoln. Let us draw the line therefore between FORCE and the LAW. Force does not constitute right that is why we as a nation have consented to be governed by a constitution. Sir Winston Churchill said, “Most people, sometime in their lives, stumble across truth, most jump up, brush themselves off and hurry on about their business as if nothing had happened”.

The leadership of the religious community and the traditional rulers of this country (the custodians of our culture) should come out of their passive hermitage to speak on wrongful acts of commission and omission which undermine the Law or infringe on human rights before such acts become institutionalised. That does not, however, make them partisan. Let me try to paraphrase what Mark Twain said: In telling the truth, the person who for the sake of national interest will speak out is a scarce person, shunned by many, hated and scorned. But when his or her cause is vindicated, the timid hurriedly identifies with his or her cause, for then it costs nothing to speak out or be a patriot.

As for the security officers and their role in election monitoring, the advice of His Excellency President J. A. Kufuor, not to do anything “to disappoint the good people of Ghana …” shall suffice to guide them on how they conduct themselves. Ref: Daily Graphic, 05/12/08. As we go into the second round of the presidential election, let us by our actions prove that we are ready to perfect our democracy by being law abiding. Reporters who file reports on the election to their media houses should present the facts without making statements that may inflame public anxiety. The data room at the Electoral Commission should be a no-go-zone to all party activists.

RESOLUTION
Let us remind ourselves that the post-election phase of every election poses the greatest challenge and temptation especially in Africa. Therefore, election dispute resolution courts which is the climax of any electoral process set up to deal with electoral disputes should not be undermined due to personal political bias to delay or deny justice to any person or any party. The electoral courts set up to deal with electoral cases should be positioned properly to deal with such cases expeditiously and in all fairness. Party activists should be very cautious in declaring who is a winner and allow the Electoral Commission to discharge its constitutional mandate, since the former position creates and fuels anxiety. I suggest as citizens, we desist from acts that endorse electoral illegality which diabolically will legitimise illegality in our national politics.

As a nation, let us demonstrate that we care about the pain of those who shed their blood at various times of our national transition to shape our national destiny, and the plight of those who at one time or the other suffered the loss of family and property when they were forced into exile for their service to the nation. In translating the will of the people into representative authority, let us respect the ACTUAL WILL of the people and not do anything to suggest that our election results were hurriedly auctioned like stolen goods.

P/S
I nearly forgot a very dangerous political anomaly which received wider space in the first round campaign; that is, the politics of insults. Politicians, please spare voters the politics of insults. It does not show us how the human resource deficit in the medical and educational institutions will be solved. Who is listening?

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