https://www.myjoyonline.com/dr-yao-eli-sebastian-nafrah-writes-the-electoral-commission-of-ghana-an-independent-judge-or-a-bias-wobbling-referee/-------https://www.myjoyonline.com/dr-yao-eli-sebastian-nafrah-writes-the-electoral-commission-of-ghana-an-independent-judge-or-a-bias-wobbling-referee/
Dr. Yao Eli Sebastian Nafrah, the writer

Introduction

The Electoral Commission of Ghana (EC) according to Article 43[1992 Constitution] is the independent body responsible for conducting and supervising all public elections and referenda in the country.

Established to ensure free, fair, and transparent elections, the EC has played a pivotal role in Ghana’s democratic evolution. This article delves into the history of the Electoral Commission, its role, its effectiveness, and an assessment of its performance over the years as well as its recent state of affairs.

History of the Electoral Commission

The Electoral Commission of Ghana was established in 1992 as part of the country's transition to democratic governance following years of military rule. The 1992 Constitution of Ghana provided the legal framework for the creation of the EC, with the mandate to oversee the conduct of elections, ensure the integrity of the electoral process, and uphold democratic principles.

Before the establishment of the EC, the electoral process in Ghana was managed by various ad-hoc bodies, which often faced challenges of political interference and credibility. The creation of the EC marked a significant step towards institutionalising democracy in Ghana, with a focus on ensuring independence, transparency, and accountability in the electoral process.

Role and Functions of the Electoral Commission

The primary role of the Electoral Commission is to conduct and supervise all elections and referenda in Ghana. The EC’s functions include:

1. Voter Registration: The EC is responsible for compiling and updating the voters' register to ensure that eligible citizens can participate in elections.

 2. Delimitation of Electoral Boundaries: The EC reviews and demarcates electoral boundaries to ensure fair representation.

3. Regulation of Political Parties: It registers political parties and monitors their activities to ensure they comply with electoral laws.

4. Conduct of Elections and Referenda: Organizes and conducts presidential, parliamentary, and local government elections, as well as national referenda.

5. Education and Public Awareness: It’s tasked with educating the public on electoral processes, voter rights, and responsibilities.

6. Declaration of Election Results: The EC announces the official results of elections and referenda, and addresses any disputes that may arise within their remit.

Effectiveness and Performance over the Years

The effectiveness of the Electoral Commission can be evaluated by examining its performance across various electoral cycles and its ability to uphold the principles of fairness, transparency, and credibility. Over the years, the EC has overseen multiple elections, each presenting unique challenges and opportunities.

1. 1992 Elections: The EC’s first major test was the 1992 general elections, which marked Ghana’s return to democratic rule. While the elections were generally peaceful, they were marred by allegations of electoral fraud and irregularities, leading to a boycott of the parliamentary elections by opposition parties. This led to calls for reforms to strengthen the EC’s independence and credibility. Then 1996 which saw some improvements.

2. 2000 Elections: The 2000 elections were a turning point for the EC, as it successfully managed the first peaceful transfer of power between political parties in Ghana’s history. The elections were widely regarded as free and fair, and the EC earned praise for its impartiality and competence. This was then replicated in 2004 although some patches of complaints came to the fore.

3. 2008 Elections: The 2008 elections were one of the most closely contested in Ghana’s history, with the presidential election going to a second round. Despite the high stakes and tensions, the EC’s handling of the elections was commendable, with the results being accepted by all parties. There was a change of government from the copious job executed.

4. 2012 Elections: The 2012 elections saw the introduction of biometric voter registration, a significant technological advancement aimed at reducing voter fraud. However, the elections were not without controversy, as the results were challenged in court by the opposition. The Supreme Court eventually upheld the EC’s results, but the process highlighted the need for continued improvements in the electoral system.

5. 2016 Elections: The 2016 elections were notable for the peaceful transition of power from the incumbent government to the opposition. The EC’s management of the elections was widely praised, particularly for its transparency in declaring results and handling the electoral process.

6. 2020 Elections: The 2020 elections were conducted under the shadow of the COVID-19 pandemic, posing unprecedented challenges for the EC. Despite these challenges, the EC successfully organized the elections, though there were criticisms and concerns regarding transparency and the handling of certain aspects of the electoral process. The results were again contested, but the courts upheld the EC’s declarations.

Challenges and Criticisms

Despite its successes, the Electoral Commission has faced various challenges and criticisms over the years. These include:

- Allegations of Bias: The EC has occasionally been accused of bias or partiality, particularly by opposition parties, leading to questions about its independence.

- Electoral Disputes: The EC’s handling of electoral disputes has sometimes been contentious, with critics arguing that it needs to improve its mechanisms for addressing grievances, more specifically those outside the threshold of the court system.

- Resource Constraints: The EC has some faced logistical and financial challenges, particularly in organizing large-scale elections in a timely and efficient manner.

 The Democracy Quagmire:

NPP's Support and NDC's Criticism of Ghana's Electoral Commission Ahead of the 2024 Elections

Ghana, a beacon of democracy in Africa, finds itself at a critical juncture ahead of the 2024 elections. The growing influence of the ruling New Patriotic Party (NPP) on state institutions, particularly the Electoral Commission (EC), has become a source of concern for many Ghanaians. The perceived political partisanship of the EC has led to fierce criticism from the opposition National Democratic Congress (NDC) and raised questions about the integrity of Ghana's electoral process.

EC’S Independence

The independence of the Electoral Commission (EC) of Ghana is indeed imperative and non-negotiable for the integrity of the country's democratic processes. The EC's role is to ensure free, fair, and transparent elections, which are the cornerstone of any democracy. If the EC is compromised or influenced by external forces, it can lead to mistrust in the electoral process, undermine the legitimacy of elected officials, and destabilize the entire political system.

In Ghana, the EC is constitutionally mandated to be an independent body, free from interference by the executive, legislature, judiciary, or any political party. This independence is crucial because the EC oversees critical aspects of the electoral process, including voter registration, the conduct of elections, and the declaration of results. Its impartiality ensures that all political parties and candidates are treated fairly and that the will of the people is accurately reflected in election outcomes.

The importance of the EC's independence cannot be overstated, especially in a politically polarized environment. Any perception or reality of bias could lead to public discontent, protests, and even violence. Therefore, it is essential for the EC to operate transparently, adhere strictly to the law, and maintain public confidence in its ability to conduct elections impartially.

The integrity and independence of the EC are also vital for Ghana's international reputation as a stable democracy in Africa. If the EC is seen as a credible institution, it can help to attract investment, strengthen governance, and enhance the country's standing on the global stage. Conversely, a compromised EC could erode these gains and have long-term negative effects on Ghana's development.

The Removal of Charlotte Osei: A Turning Point

The dismissal of Charlotte Osei in 2018 was a significant moment in Ghana's political history. Osei, the first woman to chair the EC, was removed from office following a petition that alleged misconduct and incompetence. However, many saw her removal as a calculated move to replace her with a more pliable figure. Osei had made enemies within both major political parties, but her insistence on reforms and her non-partisan approach to managing elections won her praise from civil society and international observers.

Her removal and the subsequent appointment of Jean Mensa have been viewed by the NDC and some sections of the public as a power play by the NPP to ensure control over the EC. This perception has only deepened the mistrust between the NDC and the EC, with the opposition party viewing the commission's actions with suspicion. The appointment of Jean Adukwei Mensa as Chairperson of the Electoral Commission (EC) of Ghana in July 2018 marked a significant moment in the country's electoral history. Her tenure has been both praised and criticized, reflecting the complexities of managing elections in a politically charged environment. Here's a detailed analysis of her tenure so far:

NPP's Support for the Electoral Commission

The NPP's support for the EC is rooted in several factors. The appointment of Jean Mensa as the EC Chairperson after the controversial removal of her predecessor, Charlotte Osei, marked a turning point in the relationship between the ruling party and the electoral body. Jean Mensa, who previously led the Institute of Economic Affairs (IEA), a think tank known for its pro-business stance, was seen by many as a figure more aligned with the NPP's philosophy.

Under Mensa's leadership, the EC has made several decisions that have been met with approval from the NPP. These include the compilation of a new voters' register ahead of the 2020 elections, a move the NPP argued was necessary to ensure the credibility of the electoral process. The EC's firm stance on electoral reforms, such as the introduction of a new biometric voter registration system, has also been supported by the NPP, which believes these measures will enhance the integrity of the elections.

NDC's Criticism and Concerns

On the other hand, the NDC has been highly critical of the EC's actions under Jean Mensa. The party has consistently argued that the removal of Charlotte Osei was politically motivated and aimed at undermining the independence of the EC. Osei's tenure was marked by her bold decisions and attempts to reform the electoral process, which some in the ruling party saw as a threat.

The NDC has expressed concerns that the EC's decisions under Mensa's leadership have been biased in favor of the NPP. The party has accused the EC of ignoring its concerns, particularly regarding the voters' register, which the NDC claims was designed to disenfranchise its supporters following the qualified criteria for registration. The NDC has also criticized the EC's handling of the 2020 elections, citing alleged irregularities and the lack of transparency in the results collation process and the subsequent announcement.

Background and Appointment Jean Mensa:

Jean Mensa was appointed by President Nana Addo Dankwa Akufo-Addo following the controversial removal of her predecessor, Charlotte Osei, who was dismissed along with her two deputies after a judicial committee found them guilty of procurement breaches and mismanagement. Mensa's appointment was met with mixed reactions, with the ruling New Patriotic Party (NPP) supporters largely welcoming it, while the opposition National Democratic Congress (NDC) expressed concerns about her neutrality, given her previous role as the Executive Director of the Institute of Economic Affairs (IEA), a think tank perceived by some as having close ties with the NPP.

Key Developments During Her Tenure so far:

2019 District Level and Referendum Elections:

   - Mensa's first major test was overseeing the district-level elections and a referendum to introduce multiparty participation in local elections. The referendum was eventually called off due to lack of consensus, but the district-level elections were conducted without major incidents.

2020 General Elections:

   - New Voters' Register: One of the most controversial decisions under her leadership was the compilation of a new biometric voters' register. The EC justified it as necessary to enhance the credibility of the electoral process, but the NDC and some civil society groups strongly opposed it, citing concerns about the timing, cost, and potential disenfranchisement of voters. Despite the opposition, the EC went ahead with the new register, which was completed successfully, though not without challenges, including technical hitches and allegations of intimidation.

   - Election Day Management: The 2020 general elections were generally deemed free and fair by most observers, including the African Union and ECOWAS. However, there were issues such as delayed results announcements and concerns about violence, transparency, particularly regarding the collation of some results.

   - Declaration of Results: Mensa's declaration of the presidential election results, in which President Akufo-Addo was declared the winner, was met with controversy. The NDC rejected the results, alleging electoral fraud and discrepancies in the figures announced. Who will not complain when about 5 different results were declared. The case was subsequently taken to the Supreme Court, where the results were upheld, but the process revealed deep-seated mistrust between the EC and the opposition.

Electoral Reforms and Administration:

   - Jean Mensa has overseen various reforms aimed at improving the efficiency and transparency of the EC, including the introduction of technology in voter registration and result collation processes. However, these reforms have often been met with skepticism, particularly from opposition parties who argue that the EC has not engaged in enough consultation.

   - The EC under Mensa has also sought to assert its independence, but this has been challenging in an environment where political parties have strong expectations and where the EC's decisions are often scrutinized through a partisan lens.

Challenges and Criticisms

Perceived Partisanship:

   - The perception of partisanship has been a significant challenge for Mensa. The opposition, particularly the NDC, has often accused her of bias in favor of the ruling party. This has led to a strained relationship between the EC and opposition parties, culminating in a boycott of some Inter-Party Advisory Committee (IPAC) meetings by the NDC until recently.

Public Trust:

   - Public trust in the EC has been a critical issue. While the EC's efforts to enhance transparency could be commendable, the controversies surrounding the 2020 elections have left a section of the population skeptical about the commission's neutrality. Restoring and maintaining public trust remains a significant challenge for Mensa and her team.

Legal and Political Pressures:

   - Mensa has had to navigate legal challenges, particularly during and after the 2020 elections. The pressure from political parties, civil society, and the media has been immense, with every decision of the EC scrutinized and often politicized. Na who cause am?

Impact and Legacy

Jean Mensa's tenure as Chairperson of the EC has been a defining period in Ghana's electoral history. While she has overseen significant reforms and managed the 2020 general elections, her tenure has also been marked by controversies that have highlighted the deep-seated political divisions in the country.

Her legacy will likely be judged by how well she manages future elections, particularly the upcoming 2024 general elections, which are expected to be highly competitive. The ability of the EC under her leadership to conduct free, fair, and transparent elections will be crucial in maintaining Ghana's reputation as a stable democracy in Africa.

Jean Mensa's time as EC Chair has been a complex mix of achievements and challenges. Her efforts to reform the electoral process and introduce new technologies have been noteworthy, but the controversies and perceptions of bias have also cast a shadow over her tenure. Going forward, her success will largely depend on her ability to build consensus, ensure transparency, and maintain the EC's independence in a politically charged environment.

Appointments to the EC

Recent appointments to Ghana's Electoral Commission (EC) have sparked significant controversy and debate within the country, reflecting concerns over the impartiality and credibility of the institution, especially in the run-up to the 2024 general elections.

Background

The EC of Ghana is a critical body responsible for overseeing the conduct of elections and ensuring they are free, fair, and transparent. The independence and neutrality of the EC are vital to maintaining public confidence in the electoral process. However, recent appointments to the EC by President Nana Akufo-Addo have raised alarms among opposition parties, civil society groups, and a segment of the public who already have heightened fear and now compounded by these appointments. It is legitimate to assume that, these controversial appointments could undermine the EC's neutrality.

The Controversial Appointments

In March 2023, President Akufo-Addo appointed three new members to the EC: Rev. Akua Ofori Boateng, Dr. Peter Appiahene, and Hajia Salima Ahmed Tijani. Among these appointees, Dr. Peter Appiahene’s appointment was particularly most contentious. He is reportedly a known member of the New Patriotic Party (NPP), the ruling party in Ghana. This raised concerns about potential bias and the risk of the EC being perceived as partial to the NPP.

Public Reactions

The appointments were met with widespread criticism, especially from the opposition National Democratic Congress (NDC), which expressed fears that the neutrality of the EC could be compromised ahead of the crucial 2024 elections. The NDC and other critics argued that appointing known affiliates of the ruling party to the EC could erode public trust in the electoral process, leading to potential disputes and unrest.

Civil society organizations, including the Ghana Centre for Democratic Development (CDD-Ghana), also voiced concerns. They highlighted that the integrity of the EC is foundational to Ghana’s democracy and that any perception of bias could have serious consequences for the country’s democratic stability. All these complaints fell on the deaf ears of President Akufo Addo.

The Government's Defence

In response to the backlash, the government defended the appointments, arguing that they were based on the individuals' qualifications and experiences, not their political affiliations. The government emphasized that the appointees are competent professionals capable of performing their duties impartially.

Implications for the 2024 Elections

The controversy surrounding these appointments has added to the already tense political climate in Ghana, as the country prepares for the 2024 elections. The EC's role will be under intense scrutiny, with many observers concerned about how these appointments might affect the commission's decision-making and the overall conduct of the elections.

Given the high stakes of the 2024 elections, where key issues such as economic management, governance, and social stability are on the line, ensuring the impartiality of the EC is critical. Any perception of bias could lead to a loss of public confidence, increased political polarization, and potentially, electoral violence.

The recent controversial appointments to Ghana's EC highlight the fragile nature of electoral integrity in the country. As the 2024 elections approach, the EC's ability to maintain its neutrality and uphold the principles of democracy will be closely watched by both domestic and international stakeholders. Ensuring that the EC operates without undue influence from any political party is essential for the credibility of the electoral process and the preservation of peace in Ghana.

The Ghosting of BVR Machines:

The issue of the lost Biometric Voter Registration (BVR) machines by Ghana's Electoral Commission (EC) has sparked significant concern and controversy. These machines are crucial components in ensuring the integrity of the voter registration process, as they capture and store biometric data such as fingerprints and photographs of registered voters. The loss of such sensitive equipment raises questions about the security of voter data, the potential for electoral fraud, and the overall credibility of the electoral process.

Background of the Incident

The incident reportedly involved several BVR kits that went missing under circumstances that have not been fully clarified by the Electoral Commission. The exact number of missing machines, the conditions under which they were lost, and the timeline of their disappearance remain somewhat unclear, contributing to public anxiety and skepticism. Given the importance of these machines in the biometric registration process, their disappearance poses a significant risk to the integrity of the electoral roll.

Impact on Electoral Integrity

The loss of BVR machines raises several critical issues:

1. Security of Voter Data: These machines contain biometric data of registered voters, and their loss raises concerns about whether this data could be accessed or misused. In the wrong hands, this data could be manipulated to create fake voter IDs or be used in other forms of electoral fraud.

2. Potential for Electoral Fraud: The absence of these machines could potentially be exploited to tamper with the electoral roll, thereby affecting the outcome of elections. This possibility undermines public confidence in the electoral process and raises questions about the EC's ability to safeguard the integrity of elections.

3. Public Trust and Credibility: The EC’s credibility is critical for the conduct of free and fair elections. The loss of the BVR machines, coupled with the lack of clear communication and transparency from the EC regarding the circumstances of their disappearance, erodes public trust in the institution. This trust is essential for ensuring public confidence in election outcomes.

The Response and Lack of Results

Since the report of the missing machines, the EC has been criticized for its handling of the situation. There has been a notable absence of detailed information or concrete results from investigations into the incident. The public and various stakeholders, including political parties and civil society organizations, have called for a thorough investigation and the retrieval of the missing machines, but the EC's response has been perceived as inadequate.

Implications for Future Elections

The unresolved issue of the lost BVR machines could have far-reaching implications for future elections in Ghana. Without a clear resolution, the integrity of the voter register may be called into question, especially in closely contested elections. The EC needs to demonstrate a strong commitment to transparency and accountability by providing clear answers and taking appropriate actions to prevent a recurrence of such incidents.

The loss of the BVR machines is a significant concern that threatens the credibility of Ghana's electoral process. The lack of clear communication from the Electoral Commission and the absence of concrete results from investigations only exacerbate public fears and suspicions. Moving forward, it is crucial for the EC to address these concerns transparently and restore public confidence in its ability to conduct free and fair elections.

Ghana on Stage: The 2024 Election

As Ghana heads into the 2024 elections, the country is at an intersection. The increasing influence of the ruling party on state institutions, including the EC, is creating uneasiness among the electorate. The integrity of the electoral process is crucial for maintaining the country's democratic credentials, and any perceived bias or partisanship on the part of the EC could have serious consequences.

The NDC's criticisms and the NPP's unwavering support for the EC have polarized the political landscape. This polarization, coupled with the high stakes of the upcoming elections, raises concerns about the potential for electoral violence and the erosion of public trust in the electoral process.

The deafening silence of the Peace Council, Religious Bodies as well as the Council of State:

If these institutions are becoming a "spent force," it raises concerns about who or what will fill the gap they leave behind and how that will impact the nation's stability and development. Recent comments from political figures like Bryan Acheampong, along with other political actors, have indeed raised concerns and led to significant public debate in Ghana. Bryan Acheampong, a prominent member of the New Patriotic Party (NPP) and the Minister of Food and Agriculture, has made statements that have stirred controversy, particularly in the context of the upcoming 2024 elections.

One of his most notable remarks was about the NPP's determination to retain power in the 2024 elections, which some interpreted as a threat or an indication of potential undemocratic actions. These kinds of statements contribute to the growing anxiety about the political climate in Ghana, especially when combined with the high-stakes nature of the upcoming elections and the economic challenges facing the country.

Such utterances, especially from influential political figures, can exacerbate tensions and undermine public trust in the democratic process. They also highlight the need for responsible political discourse, where leaders prioritize national unity and democratic principles over divisive rhetoric.

The Unconcerned outlook of the International Community and Institutions:

The silence of the international community can indeed be troubling, especially when it comes to holding political actors accountable. When the ruling party is left unchecked, it can lead to significant instability, which risks undermining the peace that Ghana has enjoyed for many years. It's essential for both local and international bodies to maintain vigilance and ensure that democratic processes are upheld, with transparency and accountability from all political actors. The consequences of neglecting this responsibility could be severe, not just for Ghana but for the broader region.

The Police and other associated security services:

An impartial and astute police service that upholds professionalism is non-negotiable. Policing should serve the people and not be skewed towards the interests of any ruling party. A truly effective police force must prioritize justice, fairness, and the rule of law, ensuring that all citizens, regardless of political affiliation, are protected and treated equally. This approach is essential for maintaining public trust and upholding democratic values.  

The Ayawaso West Wuogon by-election violence, the Ejura killings, and the police and security forces' inaction during these incidents, along with the broader context of electoral violence during the 2020 elections in Ghana, highlight significant concerns about the state of democracy, security, and rule of law in the country.

Here's a detailed analysis:

 1. Ayawaso West Wuogon By-Election Violence (2019)

The Ayawaso West Wuogon by-election, held on January 31, 2019, was marred by violence, particularly at the La Bawaleshie polling station. Armed men in National Security uniforms attacked voters, electoral officials, and opposition party agents. The violence led to several injuries and created widespread fear and intimidation.

Key Issues:

- State-Sponsored Violence: The perpetrators were identified as members of the National Security apparatus, raising concerns about the politicization of security forces.

- Accountability: Despite the establishment of the Emile Short Commission to investigate the incident, there were criticisms that the recommendations were not fully implemented, particularly regarding sanctions for those responsible.

- Implications for Democracy: The violence undermined public confidence in the electoral process and raised concerns about the fairness of elections in Ghana.

 2. Ejura Killings (2021)

The Ejura killings occurred on June 29, 2021, when security forces, including the military, opened fire on protestors in Ejura, a town in the Ashanti Region. The protest was sparked by the death of Ibrahim Mohammed, also known as "Kaaka," a social activist who was allegedly attacked by a mob for his activism.

Key Issues:

- Excessive Use of Force: The military's response to the protest was widely condemned for being disproportionate. Two people were killed, and several others were injured.

- Lack of Accountability: Despite a government inquiry into the incident, there was criticism that justice was not adequately served, and the broader issue of police and military brutality remained unaddressed.

- Freedom of Expression: The killing of Kaaka, followed by the violent crackdown on protestors, raised serious concerns about the state of free speech and civil liberties in Ghana.

3. Electoral Violence During the 2020 General Elections

The 2020 general elections in Ghana were marked by several incidents of violence, particularly in constituencies where the results were closely contested.

Key Issues:

- Deaths and Injuries: At least five people were reported dead due to electoral violence, with many others injured across the country.

- Security Forces' Role: There were instances where the actions of the police and military were called into question, particularly regarding their neutrality and the use of force in managing election-related tensions.

- Implications for Democracy: The violence during the 2020 elections, coupled with concerns about the transparency and fairness of the electoral process, has led to growing distrust in the electoral system. This distrust is exacerbated by the perceived inaction or complicity of state institutions in addressing electoral malpractices.

Overall Analysis:

The incidents at Ayawaso West Wuogon, Ejura, and during the 2020 elections reflect a troubling pattern of state-sponsored violence, lack of accountability, and the erosion of public trust in Ghana's democratic institutions. The failure of the security forces to act impartially, coupled with the government's reluctance to hold perpetrators accountable, has led to a climate of impunity that threatens the country's democratic stability.

These events underscore the need for comprehensive reforms in the security sector, increased accountability for human rights violations, and stronger safeguards to ensure free, fair, and peaceful elections in Ghana. Without addressing these issues, the credibility of future elections and the overall democratic process in the country could be severely undermined. The EC should not only be concern about voting equipment/materials and the act of voting but the tranquility associated with the process.

Dr. Kwadwo Afari-Gyan, who served as the Chairman of the Electoral Commission (EC) of Ghana from 1993 to 2015, often emphasized the importance of peaceful elections and the role of all stakeholders in preventing electoral violence. He highlighted that electoral violence undermines democracy and the credibility of elections.

Dr. Afari-Gyan consistently called on political parties, their supporters, and the general public to act responsibly during elections. He stressed the need for political tolerance, respect for the rule of law, and the importance of accepting election results in good faith. He also pointed out that electoral violence often arises from misinformation, a lack of trust in the electoral process, and the unwillingness of losing parties to accept defeat.

In his public statements, Dr. Afari-Gyan urged security agencies to be neutral and professional in their duties to maintain peace during elections. He also advocated for robust legal frameworks to address electoral disputes fairly and expeditiously, ensuring that all grievances are resolved through proper legal channels rather than through violence.

Dr. Afari-Gyan's tenure as Electoral Commissioner was marked by his commitment to free, fair, and transparent elections, and his warnings against electoral violence were part of his broader efforts to safeguard the integrity of Ghana's electoral process.

Party Representatives on Election Day:

Vigilant polling agents and party representatives play a crucial role in ensuring the integrity of the electoral process. Their presence helps prevent irregularities, monitors the voting and counting process, and ensures that the election is conducted fairly and transparently. Their vigilance is particularly important in closely contested elections where every vote counts, and their actions can help build confidence in the electoral system, ensuring that the will of the people is accurately reflected in the results.

Empowering IPAC:

  The Inter-Party Advisory Committee (IPAC) in Ghana is a critical forum for political parties to discuss electoral issues and collaborate on electoral reforms. Giving IPAC legal backing rather than just moral suasion could enhance its authority and effectiveness in addressing excesses of the Electoral Commission (EC).

Here’s how legal backing might benefit IPAC:

1. Enhanced Authority: Legal backing would grant IPAC formal powers and responsibilities, making its decisions more binding and compelling for the EC and other stakeholders.

2. Increased Accountability: With a legal framework, IPAC could hold the EC accountable more effectively for its actions and decisions, potentially leading to more transparent and fair electoral processes.

3. Structured Dispute Resolution: Legal backing could provide a structured mechanism for resolving disputes between political parties and the EC, ensuring that issues are addressed in a timely and orderly manner.

4. Better Representation: A legally established IPAC might be better positioned to represent the interests of all political parties fairly, ensuring a more balanced and inclusive approach to electoral management.

However, there are challenges as well:

1. Bureaucratic Complexity: Establishing legal backing could introduce additional layers of bureaucracy and complexity, which might slow down decision-making processes.

2. Potential for Conflict: Legal powers could lead to conflicts with other regulatory bodies or create tensions within the political landscape.

3. Resource Implications: Implementing and maintaining a legally backed IPAC would require resources and infrastructure, which could be a burden on the state.

Overall, whilst legal backing could strengthen IPAC’s role in monitoring and influencing the EC’s activities, it is essential to carefully design the legal framework to balance power, ensure effectiveness, and avoid unintended consequences.

In Ghana, where elections have traditionally been highly competitive and closely contested, the credibility of the EC is particularly crucial. The concerns of the opposition parties are therefore not just about the immediate impact on upcoming elections, but also about the long-term implications for democratic governance in the country. Addressing these concerns requires transparency in the appointment process, a commitment to non-partisanship, and mechanisms to ensure that the EC operates independently and fairly.

Can Ghana Rise Above the Ashes?

Despite these challenges, Ghana has a history of overcoming political tensions and upholding democratic principles. The country's strong civil society, vibrant media, and active citizenry have played crucial roles in holding political leaders accountable and ensuring the integrity of the electoral process.

For Ghana to rise above the current tensions, it is imperative that the EC maintains its independence and transparency. The commission must engage with all political stakeholders, address their concerns, and ensure that the electoral process is fair and credible. The judiciary, security agencies, and civil society must also play their roles in safeguarding the democratic process.

In the end, the 2024 elections will be a test of Ghana's democracy. The country has the potential to rise above the current challenges and emerge stronger, but this will require a collective commitment to upholding the principles of democracy and the rule of law. The stakes are high, and the eyes of the world will be on Ghana as it navigates this critical moment in its history. The weakening or ineffectiveness of key state institutions like the Council of State, Peace Council, and religious bodies can indeed have severe consequences. These institutions are supposed to provide checks and balances, mediate in conflicts, and offer moral guidance. When they lose their influence or fail to act decisively, it can lead to a breakdown in governance, increased social unrest, and a loss of public trust in the system. This vacuum can exacerbate issues like corruption, political instability, and even violence, as there's no credible authority to intervene or guide the nation through crises.

A word of reminder! The leadership of the Electoral Commission (EC) of Ghana holds a crucial role in the country's democracy, and their actions will indeed be scrutinized by future generations. The responsibility they bear is significant, and any decisions made should be carefully considered, especially in light of long-term consequences. In times of expediency, it's even more vital to act with integrity and wisdom. A wise leader will heed to such counsel, knowing that history will be the ultimate judge.

Conclusion

The Electoral Commission of Ghana as an institution, has played a crucial role in the country’s democratic journey, overseeing multiple elections with varying degrees of success. While it has made significant strides in enhancing the credibility and transparency of the electoral process, challenges remain. The EC must continue to adapt and improve to meet the evolving demands of Ghana’s democracy, ensuring that it remains a trusted and impartial arbiter of the electoral process. Simply, the EC leadership must become resolute rather than the pussyfooting outlook being presented. The Electoral commissioner should remember how transient the office is and work according to the letter and spirit of the position occupied. Being forthright would yield a great legacy, rather the playing to whims of anyone supra. Madam Jean Mensa, the history books are recording accordingly, do right for your conscience because posterity will judge you duly.

Email: sebnaf7@gmail.com

Introduction

The Electoral Commission of Ghana (EC) according to Article 43[1992 Constitution] is the independent body responsible for conducting and supervising all public elections and referenda in the country.

Established to ensure free, fair, and transparent elections, the EC has played a pivotal role in Ghana’s democratic evolution. This article delves into the history of the Electoral Commission, its role, its effectiveness, and an assessment of its performance over the years as well as its recent state of affairs.

History of the Electoral Commission

The Electoral Commission of Ghana was established in 1992 as part of the country's transition to democratic governance following years of military rule. The 1992 Constitution of Ghana provided the legal framework for the creation of the EC, with the mandate to oversee the conduct of elections, ensure the integrity of the electoral process, and uphold democratic principles.

Before the establishment of the EC, the electoral process in Ghana was managed by various ad-hoc bodies, which often faced challenges of political interference and credibility. The creation of the EC marked a significant step towards institutionalising democracy in Ghana, with a focus on ensuring independence, transparency, and accountability in the electoral process.

Role and Functions of the Electoral Commission

The primary role of the Electoral Commission is to conduct and supervise all elections and referenda in Ghana. The EC’s functions include:

1. Voter Registration: The EC is responsible for compiling and updating the voters' register to ensure that eligible citizens can participate in elections.

 2. Delimitation of Electoral Boundaries: The EC reviews and demarcates electoral boundaries to ensure fair representation.

3. Regulation of Political Parties: It registers political parties and monitors their activities to ensure they comply with electoral laws.

4. Conduct of Elections and Referenda: Organizes and conducts presidential, parliamentary, and local government elections, as well as national referenda.

5. Education and Public Awareness: It’s tasked with educating the public on electoral processes, voter rights, and responsibilities.

6. Declaration of Election Results: The EC announces the official results of elections and referenda, and addresses any disputes that may arise within their remit.

Effectiveness and Performance over the Years

The effectiveness of the Electoral Commission can be evaluated by examining its performance across various electoral cycles and its ability to uphold the principles of fairness, transparency, and credibility. Over the years, the EC has overseen multiple elections, each presenting unique challenges and opportunities.

1. 1992 Elections: The EC’s first major test was the 1992 general elections, which marked Ghana’s return to democratic rule. While the elections were generally peaceful, they were marred by allegations of electoral fraud and irregularities, leading to a boycott of the parliamentary elections by opposition parties. This led to calls for reforms to strengthen the EC’s independence and credibility. Then 1996 which saw some improvements.

2. 2000 Elections: The 2000 elections were a turning point for the EC, as it successfully managed the first peaceful transfer of power between political parties in Ghana’s history. The elections were widely regarded as free and fair, and the EC earned praise for its impartiality and competence. This was then replicated in 2004 although some patches of complaints came to the fore.

3. 2008 Elections: The 2008 elections were one of the most closely contested in Ghana’s history, with the presidential election going to a second round. Despite the high stakes and tensions, the EC’s handling of the elections was commendable, with the results being accepted by all parties. There was a change of government from the copious job executed.

4. 2012 Elections: The 2012 elections saw the introduction of biometric voter registration, a significant technological advancement aimed at reducing voter fraud. However, the elections were not without controversy, as the results were challenged in court by the opposition. The Supreme Court eventually upheld the EC’s results, but the process highlighted the need for continued improvements in the electoral system.

5. 2016 Elections: The 2016 elections were notable for the peaceful transition of power from the incumbent government to the opposition. The EC’s management of the elections was widely praised, particularly for its transparency in declaring results and handling the electoral process.

6. 2020 Elections: The 2020 elections were conducted under the shadow of the COVID-19 pandemic, posing unprecedented challenges for the EC. Despite these challenges, the EC successfully organized the elections, though there were criticisms and concerns regarding transparency and the handling of certain aspects of the electoral process. The results were again contested, but the courts upheld the EC’s declarations.

Challenges and Criticisms

Despite its successes, the Electoral Commission has faced various challenges and criticisms over the years. These include:

- Allegations of Bias: The EC has occasionally been accused of bias or partiality, particularly by opposition parties, leading to questions about its independence.

- Electoral Disputes: The EC’s handling of electoral disputes has sometimes been contentious, with critics arguing that it needs to improve its mechanisms for addressing grievances, more specifically those outside the threshold of the court system.

- Resource Constraints: The EC has some faced logistical and financial challenges, particularly in organizing large-scale elections in a timely and efficient manner.

 The Democracy Quagmire:

NPP's Support and NDC's Criticism of Ghana's Electoral Commission Ahead of the 2024 Elections

Ghana, a beacon of democracy in Africa, finds itself at a critical juncture ahead of the 2024 elections. The growing influence of the ruling New Patriotic Party (NPP) on state institutions, particularly the Electoral Commission (EC), has become a source of concern for many Ghanaians. The perceived political partisanship of the EC has led to fierce criticism from the opposition National Democratic Congress (NDC) and raised questions about the integrity of Ghana's electoral process.

EC’S Independence

The independence of the Electoral Commission (EC) of Ghana is indeed imperative and non-negotiable for the integrity of the country's democratic processes. The EC's role is to ensure free, fair, and transparent elections, which are the cornerstone of any democracy. If the EC is compromised or influenced by external forces, it can lead to mistrust in the electoral process, undermine the legitimacy of elected officials, and destabilize the entire political system.

In Ghana, the EC is constitutionally mandated to be an independent body, free from interference by the executive, legislature, judiciary, or any political party. This independence is crucial because the EC oversees critical aspects of the electoral process, including voter registration, the conduct of elections, and the declaration of results. Its impartiality ensures that all political parties and candidates are treated fairly and that the will of the people is accurately reflected in election outcomes.

The importance of the EC's independence cannot be overstated, especially in a politically polarized environment. Any perception or reality of bias could lead to public discontent, protests, and even violence. Therefore, it is essential for the EC to operate transparently, adhere strictly to the law, and maintain public confidence in its ability to conduct elections impartially.

The integrity and independence of the EC are also vital for Ghana's international reputation as a stable democracy in Africa. If the EC is seen as a credible institution, it can help to attract investment, strengthen governance, and enhance the country's standing on the global stage. Conversely, a compromised EC could erode these gains and have long-term negative effects on Ghana's development.

The Removal of Charlotte Osei: A Turning Point

The dismissal of Charlotte Osei in 2018 was a significant moment in Ghana's political history. Osei, the first woman to chair the EC, was removed from office following a petition that alleged misconduct and incompetence. However, many saw her removal as a calculated move to replace her with a more pliable figure. Osei had made enemies within both major political parties, but her insistence on reforms and her non-partisan approach to managing elections won her praise from civil society and international observers.

Her removal and the subsequent appointment of Jean Mensa have been viewed by the NDC and some sections of the public as a power play by the NPP to ensure control over the EC. This perception has only deepened the mistrust between the NDC and the EC, with the opposition party viewing the commission's actions with suspicion. The appointment of Jean Adukwei Mensa as Chairperson of the Electoral Commission (EC) of Ghana in July 2018 marked a significant moment in the country's electoral history. Her tenure has been both praised and criticized, reflecting the complexities of managing elections in a politically charged environment. Here's a detailed analysis of her tenure so far:

NPP's Support for the Electoral Commission

The NPP's support for the EC is rooted in several factors. The appointment of Jean Mensa as the EC Chairperson after the controversial removal of her predecessor, Charlotte Osei, marked a turning point in the relationship between the ruling party and the electoral body. Jean Mensa, who previously led the Institute of Economic Affairs (IEA), a think tank known for its pro-business stance, was seen by many as a figure more aligned with the NPP's philosophy.

Under Mensa's leadership, the EC has made several decisions that have been met with approval from the NPP. These include the compilation of a new voters' register ahead of the 2020 elections, a move the NPP argued was necessary to ensure the credibility of the electoral process. The EC's firm stance on electoral reforms, such as the introduction of a new biometric voter registration system, has also been supported by the NPP, which believes these measures will enhance the integrity of the elections.

NDC's Criticism and Concerns

On the other hand, the NDC has been highly critical of the EC's actions under Jean Mensa. The party has consistently argued that the removal of Charlotte Osei was politically motivated and aimed at undermining the independence of the EC. Osei's tenure was marked by her bold decisions and attempts to reform the electoral process, which some in the ruling party saw as a threat.

The NDC has expressed concerns that the EC's decisions under Mensa's leadership have been biased in favor of the NPP. The party has accused the EC of ignoring its concerns, particularly regarding the voters' register, which the NDC claims was designed to disenfranchise its supporters following the qualified criteria for registration. The NDC has also criticized the EC's handling of the 2020 elections, citing alleged irregularities and the lack of transparency in the results collation process and the subsequent announcement.

Background and Appointment Jean Mensa:

Jean Mensa was appointed by President Nana Addo Dankwa Akufo-Addo following the controversial removal of her predecessor, Charlotte Osei, who was dismissed along with her two deputies after a judicial committee found them guilty of procurement breaches and mismanagement. Mensa's appointment was met with mixed reactions, with the ruling New Patriotic Party (NPP) supporters largely welcoming it, while the opposition National Democratic Congress (NDC) expressed concerns about her neutrality, given her previous role as the Executive Director of the Institute of Economic Affairs (IEA), a think tank perceived by some as having close ties with the NPP.

Key Developments During Her Tenure so far:

2019 District Level and Referendum Elections:

   - Mensa's first major test was overseeing the district-level elections and a referendum to introduce multiparty participation in local elections. The referendum was eventually called off due to lack of consensus, but the district-level elections were conducted without major incidents.

2020 General Elections:

   - New Voters' Register: One of the most controversial decisions under her leadership was the compilation of a new biometric voters' register. The EC justified it as necessary to enhance the credibility of the electoral process, but the NDC and some civil society groups strongly opposed it, citing concerns about the timing, cost, and potential disenfranchisement of voters. Despite the opposition, the EC went ahead with the new register, which was completed successfully, though not without challenges, including technical hitches and allegations of intimidation.

   - Election Day Management: The 2020 general elections were generally deemed free and fair by most observers, including the African Union and ECOWAS. However, there were issues such as delayed results announcements and concerns about violence, transparency, particularly regarding the collation of some results.

   - Declaration of Results: Mensa's declaration of the presidential election results, in which President Akufo-Addo was declared the winner, was met with controversy. The NDC rejected the results, alleging electoral fraud and discrepancies in the figures announced. Who will not complain when about 5 different results were declared. The case was subsequently taken to the Supreme Court, where the results were upheld, but the process revealed deep-seated mistrust between the EC and the opposition.

Electoral Reforms and Administration:

   - Jean Mensa has overseen various reforms aimed at improving the efficiency and transparency of the EC, including the introduction of technology in voter registration and result collation processes. However, these reforms have often been met with skepticism, particularly from opposition parties who argue that the EC has not engaged in enough consultation.

   - The EC under Mensa has also sought to assert its independence, but this has been challenging in an environment where political parties have strong expectations and where the EC's decisions are often scrutinized through a partisan lens.

Challenges and Criticisms

Perceived Partisanship:

   - The perception of partisanship has been a significant challenge for Mensa. The opposition, particularly the NDC, has often accused her of bias in favor of the ruling party. This has led to a strained relationship between the EC and opposition parties, culminating in a boycott of some Inter-Party Advisory Committee (IPAC) meetings by the NDC until recently.

Public Trust:

   - Public trust in the EC has been a critical issue. While the EC's efforts to enhance transparency could be commendable, the controversies surrounding the 2020 elections have left a section of the population skeptical about the commission's neutrality. Restoring and maintaining public trust remains a significant challenge for Mensa and her team.

Legal and Political Pressures:

   - Mensa has had to navigate legal challenges, particularly during and after the 2020 elections. The pressure from political parties, civil society, and the media has been immense, with every decision of the EC scrutinized and often politicized. Na who cause am?

Impact and Legacy

Jean Mensa's tenure as Chairperson of the EC has been a defining period in Ghana's electoral history. While she has overseen significant reforms and managed the 2020 general elections, her tenure has also been marked by controversies that have highlighted the deep-seated political divisions in the country.

Her legacy will likely be judged by how well she manages future elections, particularly the upcoming 2024 general elections, which are expected to be highly competitive. The ability of the EC under her leadership to conduct free, fair, and transparent elections will be crucial in maintaining Ghana's reputation as a stable democracy in Africa.

Jean Mensa's time as EC Chair has been a complex mix of achievements and challenges. Her efforts to reform the electoral process and introduce new technologies have been noteworthy, but the controversies and perceptions of bias have also cast a shadow over her tenure. Going forward, her success will largely depend on her ability to build consensus, ensure transparency, and maintain the EC's independence in a politically charged environment.

Appointments to the EC

Recent appointments to Ghana's Electoral Commission (EC) have sparked significant controversy and debate within the country, reflecting concerns over the impartiality and credibility of the institution, especially in the run-up to the 2024 general elections.

Background

The EC of Ghana is a critical body responsible for overseeing the conduct of elections and ensuring they are free, fair, and transparent. The independence and neutrality of the EC are vital to maintaining public confidence in the electoral process. However, recent appointments to the EC by President Nana Akufo-Addo have raised alarms among opposition parties, civil society groups, and a segment of the public who already have heightened fear and now compounded by these appointments. It is legitimate to assume that, these controversial appointments could undermine the EC's neutrality.

The Controversial Appointments

In March 2023, President Akufo-Addo appointed three new members to the EC: Rev. Akua Ofori Boateng, Dr. Peter Appiahene, and Hajia Salima Ahmed Tijani. Among these appointees, Dr. Peter Appiahene’s appointment was particularly most contentious. He is reportedly a known member of the New Patriotic Party (NPP), the ruling party in Ghana. This raised concerns about potential bias and the risk of the EC being perceived as partial to the NPP.

Public Reactions

The appointments were met with widespread criticism, especially from the opposition National Democratic Congress (NDC), which expressed fears that the neutrality of the EC could be compromised ahead of the crucial 2024 elections. The NDC and other critics argued that appointing known affiliates of the ruling party to the EC could erode public trust in the electoral process, leading to potential disputes and unrest.

Civil society organizations, including the Ghana Centre for Democratic Development (CDD-Ghana), also voiced concerns. They highlighted that the integrity of the EC is foundational to Ghana’s democracy and that any perception of bias could have serious consequences for the country’s democratic stability. All these complaints fell on the deaf ears of President Akufo Addo.

The Government's Defence

In response to the backlash, the government defended the appointments, arguing that they were based on the individuals' qualifications and experiences, not their political affiliations. The government emphasized that the appointees are competent professionals capable of performing their duties impartially.

Implications for the 2024 Elections

The controversy surrounding these appointments has added to the already tense political climate in Ghana, as the country prepares for the 2024 elections. The EC's role will be under intense scrutiny, with many observers concerned about how these appointments might affect the commission's decision-making and the overall conduct of the elections.

Given the high stakes of the 2024 elections, where key issues such as economic management, governance, and social stability are on the line, ensuring the impartiality of the EC is critical. Any perception of bias could lead to a loss of public confidence, increased political polarization, and potentially, electoral violence.

The recent controversial appointments to Ghana's EC highlight the fragile nature of electoral integrity in the country. As the 2024 elections approach, the EC's ability to maintain its neutrality and uphold the principles of democracy will be closely watched by both domestic and international stakeholders. Ensuring that the EC operates without undue influence from any political party is essential for the credibility of the electoral process and the preservation of peace in Ghana.

The Ghosting of BVR Machines:

The issue of the lost Biometric Voter Registration (BVR) machines by Ghana's Electoral Commission (EC) has sparked significant concern and controversy. These machines are crucial components in ensuring the integrity of the voter registration process, as they capture and store biometric data such as fingerprints and photographs of registered voters. The loss of such sensitive equipment raises questions about the security of voter data, the potential for electoral fraud, and the overall credibility of the electoral process.

Background of the Incident

The incident reportedly involved several BVR kits that went missing under circumstances that have not been fully clarified by the Electoral Commission. The exact number of missing machines, the conditions under which they were lost, and the timeline of their disappearance remain somewhat unclear, contributing to public anxiety and skepticism. Given the importance of these machines in the biometric registration process, their disappearance poses a significant risk to the integrity of the electoral roll.

Impact on Electoral Integrity

The loss of BVR machines raises several critical issues:

1. Security of Voter Data: These machines contain biometric data of registered voters, and their loss raises concerns about whether this data could be accessed or misused. In the wrong hands, this data could be manipulated to create fake voter IDs or be used in other forms of electoral fraud.

2. Potential for Electoral Fraud: The absence of these machines could potentially be exploited to tamper with the electoral roll, thereby affecting the outcome of elections. This possibility undermines public confidence in the electoral process and raises questions about the EC's ability to safeguard the integrity of elections.

3. Public Trust and Credibility: The EC’s credibility is critical for the conduct of free and fair elections. The loss of the BVR machines, coupled with the lack of clear communication and transparency from the EC regarding the circumstances of their disappearance, erodes public trust in the institution. This trust is essential for ensuring public confidence in election outcomes.

The Response and Lack of Results

Since the report of the missing machines, the EC has been criticized for its handling of the situation. There has been a notable absence of detailed information or concrete results from investigations into the incident. The public and various stakeholders, including political parties and civil society organizations, have called for a thorough investigation and the retrieval of the missing machines, but the EC's response has been perceived as inadequate.

Implications for Future Elections

The unresolved issue of the lost BVR machines could have far-reaching implications for future elections in Ghana. Without a clear resolution, the integrity of the voter register may be called into question, especially in closely contested elections. The EC needs to demonstrate a strong commitment to transparency and accountability by providing clear answers and taking appropriate actions to prevent a recurrence of such incidents.

The loss of the BVR machines is a significant concern that threatens the credibility of Ghana's electoral process. The lack of clear communication from the Electoral Commission and the absence of concrete results from investigations only exacerbate public fears and suspicions. Moving forward, it is crucial for the EC to address these concerns transparently and restore public confidence in its ability to conduct free and fair elections.

Ghana on Stage: The 2024 Election

As Ghana heads into the 2024 elections, the country is at an intersection. The increasing influence of the ruling party on state institutions, including the EC, is creating uneasiness among the electorate. The integrity of the electoral process is crucial for maintaining the country's democratic credentials, and any perceived bias or partisanship on the part of the EC could have serious consequences.

The NDC's criticisms and the NPP's unwavering support for the EC have polarized the political landscape. This polarization, coupled with the high stakes of the upcoming elections, raises concerns about the potential for electoral violence and the erosion of public trust in the electoral process.

The deafening silence of the Peace Council, Religious Bodies as well as the Council of State:

If these institutions are becoming a "spent force," it raises concerns about who or what will fill the gap they leave behind and how that will impact the nation's stability and development. Recent comments from political figures like Bryan Acheampong, along with other political actors, have indeed raised concerns and led to significant public debate in Ghana. Bryan Acheampong, a prominent member of the New Patriotic Party (NPP) and the Minister of Food and Agriculture, has made statements that have stirred controversy, particularly in the context of the upcoming 2024 elections.

One of his most notable remarks was about the NPP's determination to retain power in the 2024 elections, which some interpreted as a threat or an indication of potential undemocratic actions. These kinds of statements contribute to the growing anxiety about the political climate in Ghana, especially when combined with the high-stakes nature of the upcoming elections and the economic challenges facing the country.

Such utterances, especially from influential political figures, can exacerbate tensions and undermine public trust in the democratic process. They also highlight the need for responsible political discourse, where leaders prioritize national unity and democratic principles over divisive rhetoric.

The Unconcerned outlook of the International Community and Institutions:

The silence of the international community can indeed be troubling, especially when it comes to holding political actors accountable. When the ruling party is left unchecked, it can lead to significant instability, which risks undermining the peace that Ghana has enjoyed for many years. It's essential for both local and international bodies to maintain vigilance and ensure that democratic processes are upheld, with transparency and accountability from all political actors. The consequences of neglecting this responsibility could be severe, not just for Ghana but for the broader region.

The Police and other associated security services:

An impartial and astute police service that upholds professionalism is non-negotiable. Policing should serve the people and not be skewed towards the interests of any ruling party. A truly effective police force must prioritize justice, fairness, and the rule of law, ensuring that all citizens, regardless of political affiliation, are protected and treated equally. This approach is essential for maintaining public trust and upholding democratic values.  

The Ayawaso West Wuogon by-election violence, the Ejura killings, and the police and security forces' inaction during these incidents, along with the broader context of electoral violence during the 2020 elections in Ghana, highlight significant concerns about the state of democracy, security, and rule of law in the country.

Here's a detailed analysis:

 1. Ayawaso West Wuogon By-Election Violence (2019)

The Ayawaso West Wuogon by-election, held on January 31, 2019, was marred by violence, particularly at the La Bawaleshie polling station. Armed men in National Security uniforms attacked voters, electoral officials, and opposition party agents. The violence led to several injuries and created widespread fear and intimidation.

Key Issues:

- State-Sponsored Violence: The perpetrators were identified as members of the National Security apparatus, raising concerns about the politicization of security forces.

- Accountability: Despite the establishment of the Emile Short Commission to investigate the incident, there were criticisms that the recommendations were not fully implemented, particularly regarding sanctions for those responsible.

- Implications for Democracy: The violence undermined public confidence in the electoral process and raised concerns about the fairness of elections in Ghana.

 2. Ejura Killings (2021)

The Ejura killings occurred on June 29, 2021, when security forces, including the military, opened fire on protestors in Ejura, a town in the Ashanti Region. The protest was sparked by the death of Ibrahim Mohammed, also known as "Kaaka," a social activist who was allegedly attacked by a mob for his activism.

Key Issues:

- Excessive Use of Force: The military's response to the protest was widely condemned for being disproportionate. Two people were killed, and several others were injured.

- Lack of Accountability: Despite a government inquiry into the incident, there was criticism that justice was not adequately served, and the broader issue of police and military brutality remained unaddressed.

- Freedom of Expression: The killing of Kaaka, followed by the violent crackdown on protestors, raised serious concerns about the state of free speech and civil liberties in Ghana.

3. Electoral Violence During the 2020 General Elections

The 2020 general elections in Ghana were marked by several incidents of violence, particularly in constituencies where the results were closely contested.

Key Issues:

- Deaths and Injuries: At least five people were reported dead due to electoral violence, with many others injured across the country.

- Security Forces' Role: There were instances where the actions of the police and military were called into question, particularly regarding their neutrality and the use of force in managing election-related tensions.

- Implications for Democracy: The violence during the 2020 elections, coupled with concerns about the transparency and fairness of the electoral process, has led to growing distrust in the electoral system. This distrust is exacerbated by the perceived inaction or complicity of state institutions in addressing electoral malpractices.

Overall Analysis:

The incidents at Ayawaso West Wuogon, Ejura, and during the 2020 elections reflect a troubling pattern of state-sponsored violence, lack of accountability, and the erosion of public trust in Ghana's democratic institutions. The failure of the security forces to act impartially, coupled with the government's reluctance to hold perpetrators accountable, has led to a climate of impunity that threatens the country's democratic stability.

These events underscore the need for comprehensive reforms in the security sector, increased accountability for human rights violations, and stronger safeguards to ensure free, fair, and peaceful elections in Ghana. Without addressing these issues, the credibility of future elections and the overall democratic process in the country could be severely undermined. The EC should not only be concern about voting equipment/materials and the act of voting but the tranquility associated with the process.

Dr. Kwadwo Afari-Gyan, who served as the Chairman of the Electoral Commission (EC) of Ghana from 1993 to 2015, often emphasized the importance of peaceful elections and the role of all stakeholders in preventing electoral violence. He highlighted that electoral violence undermines democracy and the credibility of elections.

Dr. Afari-Gyan consistently called on political parties, their supporters, and the general public to act responsibly during elections. He stressed the need for political tolerance, respect for the rule of law, and the importance of accepting election results in good faith. He also pointed out that electoral violence often arises from misinformation, a lack of trust in the electoral process, and the unwillingness of losing parties to accept defeat.

In his public statements, Dr. Afari-Gyan urged security agencies to be neutral and professional in their duties to maintain peace during elections. He also advocated for robust legal frameworks to address electoral disputes fairly and expeditiously, ensuring that all grievances are resolved through proper legal channels rather than through violence.

Dr. Afari-Gyan's tenure as Electoral Commissioner was marked by his commitment to free, fair, and transparent elections, and his warnings against electoral violence were part of his broader efforts to safeguard the integrity of Ghana's electoral process.

Party Representatives on Election Day:

Vigilant polling agents and party representatives play a crucial role in ensuring the integrity of the electoral process. Their presence helps prevent irregularities, monitors the voting and counting process, and ensures that the election is conducted fairly and transparently. Their vigilance is particularly important in closely contested elections where every vote counts, and their actions can help build confidence in the electoral system, ensuring that the will of the people is accurately reflected in the results.

Empowering IPAC:

  The Inter-Party Advisory Committee (IPAC) in Ghana is a critical forum for political parties to discuss electoral issues and collaborate on electoral reforms. Giving IPAC legal backing rather than just moral suasion could enhance its authority and effectiveness in addressing excesses of the Electoral Commission (EC).

Here’s how legal backing might benefit IPAC:

1. Enhanced Authority: Legal backing would grant IPAC formal powers and responsibilities, making its decisions more binding and compelling for the EC and other stakeholders.

2. Increased Accountability: With a legal framework, IPAC could hold the EC accountable more effectively for its actions and decisions, potentially leading to more transparent and fair electoral processes.

3. Structured Dispute Resolution: Legal backing could provide a structured mechanism for resolving disputes between political parties and the EC, ensuring that issues are addressed in a timely and orderly manner.

4. Better Representation: A legally established IPAC might be better positioned to represent the interests of all political parties fairly, ensuring a more balanced and inclusive approach to electoral management.

However, there are challenges as well:

1. Bureaucratic Complexity: Establishing legal backing could introduce additional layers of bureaucracy and complexity, which might slow down decision-making processes.

2. Potential for Conflict: Legal powers could lead to conflicts with other regulatory bodies or create tensions within the political landscape.

3. Resource Implications: Implementing and maintaining a legally backed IPAC would require resources and infrastructure, which could be a burden on the state.

Overall, whilst legal backing could strengthen IPAC’s role in monitoring and influencing the EC’s activities, it is essential to carefully design the legal framework to balance power, ensure effectiveness, and avoid unintended consequences.

In Ghana, where elections have traditionally been highly competitive and closely contested, the credibility of the EC is particularly crucial. The concerns of the opposition parties are therefore not just about the immediate impact on upcoming elections, but also about the long-term implications for democratic governance in the country. Addressing these concerns requires transparency in the appointment process, a commitment to non-partisanship, and mechanisms to ensure that the EC operates independently and fairly.

Can Ghana Rise Above the Ashes?

Despite these challenges, Ghana has a history of overcoming political tensions and upholding democratic principles. The country's strong civil society, vibrant media, and active citizenry have played crucial roles in holding political leaders accountable and ensuring the integrity of the electoral process.

For Ghana to rise above the current tensions, it is imperative that the EC maintains its independence and transparency. The commission must engage with all political stakeholders, address their concerns, and ensure that the electoral process is fair and credible. The judiciary, security agencies, and civil society must also play their roles in safeguarding the democratic process.

In the end, the 2024 elections will be a test of Ghana's democracy. The country has the potential to rise above the current challenges and emerge stronger, but this will require a collective commitment to upholding the principles of democracy and the rule of law. The stakes are high, and the eyes of the world will be on Ghana as it navigates this critical moment in its history. The weakening or ineffectiveness of key state institutions like the Council of State, Peace Council, and religious bodies can indeed have severe consequences. These institutions are supposed to provide checks and balances, mediate in conflicts, and offer moral guidance. When they lose their influence or fail to act decisively, it can lead to a breakdown in governance, increased social unrest, and a loss of public trust in the system. This vacuum can exacerbate issues like corruption, political instability, and even violence, as there's no credible authority to intervene or guide the nation through crises.

A word of reminder! The leadership of the Electoral Commission (EC) of Ghana holds a crucial role in the country's democracy, and their actions will indeed be scrutinized by future generations. The responsibility they bear is significant, and any decisions made should be carefully considered, especially in light of long-term consequences. In times of expediency, it's even more vital to act with integrity and wisdom. A wise leader will heed to such counsel, knowing that history will be the ultimate judge.

Conclusion

The Electoral Commission of Ghana as an institution, has played a crucial role in the country’s democratic journey, overseeing multiple elections with varying degrees of success. While it has made significant strides in enhancing the credibility and transparency of the electoral process, challenges remain. The EC must continue to adapt and improve to meet the evolving demands of Ghana’s democracy, ensuring that it remains a trusted and impartial arbiter of the electoral process. Simply, the EC leadership must become resolute rather than the pussyfooting outlook being presented. The Electoral commissioner should remember how transient the office is and work according to the letter and spirit of the position occupied. Being forthright would yield a great legacy, rather the playing to whims of anyone supra. Madam Jean Mensa, the history books are recording accordingly, do right for your conscience because posterity will judge you duly.

Email: sebnaf7@gmail.com

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.