NPP pooh-poohs NDC’s voters register audit demand; says it’s unwarranted, must be rejected

The governing New Patriotic Party (NPP) has dismissed the request of the National Democratic Congress (NDC) for the provisional voters’ register to be subjected to forensic audit stating that the demand if yielded to will undermine the independence of the electoral commission.

National Organiser of of the NPP, Henry Nana Boakye who said this in a facebbok post on Tuesday strongly criticised the call labelling it as “unwarranted, empty, and must be rejected.”

Nana Boakye stated that the NDC failed to provide any legal basis for its demand which will compel the Electoral Commission (EC) to cede its constitutional mandate to a third party.

Mr Boakye highlighted that Article 45 of the 1992 Constitution and Section 2 of the Electoral Commission Act, 1993 (Act 451), exclusively confer on the EC the authority to compile the electoral register and supervise all elections.

He further noted that Article 46 of the Constitution and Section 3 of Act 451 guarantee the independence of the EC, ensuring it is not subject to the direction or control of any other person or authority.

Citing several Supreme Court cases, including Philip Kwaku Apaloo (2010), Ransford France (2012), Abu Ramadan Series (No. 1 and 2), and NDC v AG (2020), Boakye underscored that the Court has consistently upheld the independence of the EC.

He pointed out that the EC has the sole discretion to choose among multiple options in the performance of its functions, and no one, not even the Courts, can compel otherwise unless the decision is unconstitutional.

Nana Boakye also indicated that the EC’s current practice of working with political parties to address concerns has been in place throughout the Fourth Republic, resulting in five successful elections.

He argued that the NDC’s insistence on involving a third party in the EC’s constitutional mandate breaches the Commission’s independence, especially since the EC has consistently engaged parties at the Inter-Party Advisory Committee (IPAC) and worked to resolve any issues.

Boakye asserted that while the EC may engage stakeholders in its functions, this engagement does not confer a right to dictate the choices the EC makes in executing its constitutional mandate.

He called for the rejection of the NDC’s call for a forensic audit, reaffirming the EC’s independence and authority.

Read his full post below:

NDC’s CALL FOR VOTER REGISTER FORENSIC AUDIT UNWARRANTED, EMPTY & MUST BE REJECTED

The NDC has failed to provide any legal basis for its unwarranted call for the Electoral Commission to cede its constitutional mandate regarding the voter register to some third party.

Article 45 of the 1992 Constitution and Section 2 of the Electoral Commission Act, 1993 (Act 451), exclusively confers on the Electoral Commission, the mandate of compiling electoral register and supervising all elections.

In pursuance of this mandate, Article 46 of the Constitution and Section 3 of Act 451 expressly guarantees the independence of the Commission in the performance of its functions and make it not subject to the direction or control of any other person or authority.

The Supreme Court, in several cases including Philip Kwaku Apaloo, (2010), Ransford France (2012), Abu Ramadan Series (No. 1 and 2) and NDC v AG (2020) has upheld the independence of the EC and affirmed that where multiple choices avail the EC in the performance of its functions, the EC has the sole discretion to choose one and nobody, not even the Courts can compel otherwise except the decision is unconstitutional.

The present choice of the EC in working with the parties to address any concerns has been the practice throughout the 4th Republic and successfully resulted in five (5) elections. The insistence of the NDC in controlling the EC by compelling the introduction of a 3rd party into the execution of the EC’s constitutional mandate is a breach of its independence. More so, when the EC throughout its processes has constantly engaged parties at IPAC and actively worked to resolve any concerns.

The NDC should know, that while the EC may engage stakeholders in the performance of its functions, that cannot be construed as conferring a right to decide what choices the EC makes in the execution of its constitutional mandate.