UDS KEYNOTE: CITIZENS’ ACTIONS, INDEPENDENCE OF STATE INSTITUTIONS AND ELECTIONS 2024
The 2024 elections are not going to take place in a vacuum. They are going to be informed by thirty years of electoral history under the 1992 Constitution. The Fourth Republican Constitution, 1992 underscores, like the three preceding Republican Constitutions, the sovereignty of the people as the foundation of the State. The citizen has since the 1969 Constitution been accorded a sovereign right to seek interpretation and enforcement of the provisions of the Constitution in the Supreme Court with guarantees of fundamental human rights and freedoms subject only to the provisions of the Constitution.
OFFICE OF SPECIAL PROSECUTOR IS DISCRIMINATORILY CORRUPT TO CORE
A Special Prosecutor abuses his mandate and commits the very suspected corruption and corruption-related offences he is appointed to fight against when he willfully and intentionally abuses his office for whatever consideration in aid of the cause of close associates by arresting, searching, detaining, and interrogating their opponents in the pretended name of fighting corruption and is discriminatorily corrupt to the core.
3 NEW E.C. APPOINTMENTS - WE EMBOLDENED AKUFO-ADDO TO DISREGARD CONSTITUTION
Nana Akufo-Addo would not have abused the spirit of Chapter Seven (7) of the 1992 Constitution on the sanctity of the right to vote and the Electoral Commission if We the People had not in the past five and half years condoned the Government’s several abuses of power and impunity. By failing to act to defend our Constitution, we emboldened him to ignore the views of the majority of citizens and to do as he pleases. But all is not lost. Nature has its own way of dispensing justice to humanity
NDC CREATED THE ELECTORAL COMMISSION CHAOS
There is an unsavory development in which some politicians - particularly some Members of Parliament and other political office holders – have cultivated the dishonourable habit of under-rating the intelligence of We the People by filling the press with half-truths. They misrepresent the injunctions of the Constitution and laws of Ghana to court cheap public sympathy any time one of the law enforcement agencies executes the law against one of them for the suspected commission of crime. I hate the hypocrisy, double standards and audacity of the Minority in Parliament to unlawfully and unconstitutionally impede police in the performance of their duties contrary to their very oaths of office as Members of Parliament, simply because their colleague is now under suspicion of crime in relation to the stinking AMERI contracts. Being a Member of Parliament cannot be used by former Government Ministers as an insurance against the commission or suspected commission of crimes. Ghanaians, be alert!
BE ALERT TO THE ELECTORAL COMMISSIONER’S OTHER TRICKS
The eyes of every citizen have been opened to the arbitrary conduct and impunity exhibited by the Electoral Commissioner, and the political parties are now fully aware as to how the power of the Commissioner can be wantonly abused. Let us watch the rigging agenda of the Commissioner and her mentors during the remaining election period. She has already engineered elections in such a way that a good six weeks have been lost for the campaign period of the NDP, PPP, and the PNC. Her actions affect the equal right and facilities for political campaigning mandatorily enjoined by the Constitution. Fellow citizens be alert to the Commissioner’s other tricks. The Commissioner cannot be trusted to fairly implement her mandate under the 1992 Constitution without vigilance on our part. We must defend the Constitution!
ELECTORAL COMMISSIONER IS STILL DETERMINED TO RIG THE ELECTIONS
The Electoral Commissioner is using technical grounds to render nugatory the decision and orders of the Supreme Court, where the Court ordered that “in appropriate cases to afford candidates the opportunity to comply with regulation ((2) of the Public Election Regulations, 2016 (C.I. 94)”. She is taking advantage of the Supreme Court’s ruling to wager on the fact that she is entitled by the Court’s ruling within the new nomination period to put forth alleged new and profound errors that will make it impossible for even Nduom and those others who have judgments in their favour, to alter or amend the specific errors for which they obtained their respective judgments in the High Court. Let us wait for how the Supreme Court will rise to the occasion of this new twist to its ruling should any applications be made to it today.
THE INEXPERIENCE, INCOMPETENCE AND ARROGANCE OF THE EC
The Electoral Commissioner has effectively rigged the election. She does not appear to understand that the letter and spirit of the 1992 Constitution enjoins her to ensure that every political party and its aspiring presidential candidate or an individual aspirant has equal time and opportunity to canvass for the votes of the electorate. There can be no free, transparent and fair elections when disqualified aspiring candidates have their names added to the ballot more than three weeks belatedly, because the Commissioner’s preferred and approved candidates would have had an unequal advantage over them in the contest for the Presidency. Nobody can convince such candidates, their political parties, and supporters and the objective observer that they had a level playing field for the 7th December 2016 elections within the letter and spirit of the Constitution.
THE ELECTORAL COMMISSIONER'S ABUSE OF POWER
The EC Commissioner's arbitrary and unlawful disqualification of 13 aspiring presidential candidates and her arrogant attitude towards those distinguished citizens and their political parties or supporters does not conduce to her image as an impartial arbiter of elections. In Ghana's present circumstances the plurality of political parties fielding candidates at the presidential elections is the only guarantee to effectively policing the process by the presence, and alertness of their supporters, polling assistants and others at the polling stations on the day of elections. Whosoever wins the 2016 Presidential Elections must do so transparently and fairly. We must put Ghana First by equalizing the disadvantages of the political parties in opposition to ensure that they have a fair and even chance against any abuse of incumbency by this Government which is definitely very desperate to remain in power after eight years. Let us watch every step of this Electoral Commissioner in this election year.
STOP PARTISAN ATTACKS ON THE STEERING COMMITTEE MEMBERS
We should stop subjectively attacking personalities unless we have credible supporting evidence. I am disappointed that a non-partisan civil society organization such as Let My Vote Count Alliance has stooped so low in making unsubstantiated charges of political bias against named constitutionally protected public officers, simply because they had been nominated to represent their respective public institutions on the now well-known Electoral Commission’s Steering Committee for Election 2016. What is more relevant is that good and strong institutions with institutional cultures dictate what persons appointed to those offices do, and not where those persons are coming from.
INVESTIGATING MISCONDUCT IN PRESIDENTIAL ELECTION PETITION
I write to question the Constitutionality of the Committee set up by the Chief Justice and the Judicial Council to investigate allegations of judicial misconduct contained in a secret, illegal and unethical tape recording of a former deputy minister of communications in the present Government. To allow either the Chief Justice or the Judicial Council to interfere in the independence of the individual justice of the superior courts in the exercise of his or their judicial functions will seriously undermine the liberty guaranteed to each of us as citizens under the Constitution.