Now that the Supreme Court has spoken. . .
The ability of the Electoral Commission (EC) to successfully organise this year’s presidential and parliamentary elections, slated for December 7, have come under heavy criticisms and doubts.
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No day passes without some governance experts and political institutions doubting the commission’s ability to conduct the elections without any hitches.
The fear of the “Doubting Thomases” has been heightened because of the legal wranglings involving some of the 12 disqualified presidential aspirants and the electoral management body.
It was, therefore, the view of some political watchers that the EC’s plans might be heavily disrupted and the election process delayed in view of the numerous legal suits hanging in the air against the commission.
The nation’s eyes were on the commission as it navigated the never-ending legal tussles trying to find a permanent solution to the myriad of problems.
Definitive Supreme Court ruling
Fortunately for all lovers of democracy, the Supreme Court definitive ruling yesterday has hopefully brought some finality to the electoral process. The apex court, in its unanimous decision, ordered the EC to give all disqualified presidential aspirants a hearing and extend the nomination period from yesterday (Monday) to today (Tuesday). The Supreme Court also ruled that all the cases at the High Court should be stayed.
Now that the court has decisively spoken, there is the need for all political actors to calm the political environment and work to end all prevailing mistrust.
With barely 28 days away from the December 7, 2016 polls, it behoves all stakeholders, including the EC, political parties, security agencies, media houses, governance and civil society institutions, to support and help strengthen the country’s democratic journey towards a free, fair and peaceful election.
It is, however, worrying that lately, the voices of influential bodies such as the Ghana Bar Association (GBA), Ghana Medical Association (GMA), Ghana Journalists Association (GJA), National Union of Ghana Students (NUGS), religious and traditional bodies, and the academia are all missing in the political discourse. This has freed the political space largely for the political parties and the Electoral Commission to slug it out all by themselves, leaving in its wake deep mistrust, suspicion and acrimony. The airwaves and the nation’s newspapers are full of harsh commentaries and stories on the EC’s work, notwithstanding the continuous assurances from the election management body of its readiness to organise a first-class election.
Consensus-building gestures
Once the way has now been cleared by the Supreme Court, the EC can only meet its electoral timelines if it engages more in dialogue and consensus-building. Now is the time for the commission to strengthen its bridge-building measures to halt any existing mistrust between it and some of the political parties.
Already, some political watchers and parties rightly or wrongly, are of the opinion that a level playing field does not exist for all the political parties. This is because in their view, many of the actions of the EC seem to be in favour of the ruling National Democratic Congress (NDC) and the largest opposition party, the New Patriotic Party (NPP). The Progressive People’s Party (PPP), who took the EC to court over the disqualification of its presidential candidate, Dr Papa Kwesi Nduom, for instance, has cautioned the EC against selective justice. Interestingly, the NPP in particular, has time and again expressed its frustration with regard to how the EC is managing the electoral process.
Yesterday, at a press conference of the NPP at its headquarters, the party raised a number of electoral concerns, saying, “As we approach the elections, it is expected that the commission would be more transparent and ensure inclusiveness of stakeholders in its activities. We will not allow the EC to sidestep its own rules and regulations to deny the people of Ghana credible elections this time round.
After yesterday’s ruling, the EC, after receiving the presidential nomination forms from the various political parties, needs to settle quickly on the positions of the presidential candidates on the ballot paper which would be determined through a balloting process.
The commission has already indicated that it has set in motion the printing of ballot papers for the parliamentary election and is only waiting for the legal suits to be cleared before going ahead with the printing of ballot papers for the presidential election. What is left, is for the EC to make available to the political parties the list of early voters, proxy voters, transfer list and all other lists that will go with the register.
By December 1, 2016, when early voters will cast their votes, all these processes and functions need to have been sorted out.
Role of parties/Caution
Relatedly, whilst it is the right of political parties to demand transparency and fairness from the EC, it is equally their responsibility to see the EC as a partner and cooperate with it to ensure smooth, free and fair election.
The political parties must also take advantage of their Inter-Party Advisory Committee (IPAC) meetings with the EC to resolve some of the teething challenges facing the electoral process.
The era of mistrust must give way for consensus building.
In my view, one shortfall of the EC has been its failure, since 1992, to adhere to and implement the Political Parties’ Law fairly. There are many instances where the parties have failed to present their audited accounts to the commission, the parties do not have presence in three quarters of the district and have flouted the laws but strangely, the EC has always turned a blind eye to them. A very typical “see no evil, talk no evil and hear no evil” attitude.
Presidential debates
There is also the need to revive voter interest in the 2016 polls. In so doing, the electorate need to play their part by enhancing voter interest in this year’s polls.
Since the 1992 democratic dispensation, there have been considerable efforts at enhancing voter participation in the electoral process. Low voter turnout for instance, always undermines the legitimacy of an elected government.
It is most worrying, therefore, that this year’s presidential debates where all candidates would share their vision for Ghana with the electorate have been accompanied by uncertainties.
Since 2000, presidential debates have been organised in the country by the Institute of Economic Affairs (IEA) to underpin the country’s general election and provide opportunity for the electorate to make informed choices. The debates have also offered a platform for the candidates to tell Ghanaians and the world about their plans for the country, as well as enlightened the electorate about who their leaders were and what they stood for in terms of their agenda for the country. It will be extremely sad if the election passes with the Ghanaian electorate missing this important aspect of the electoral calendar. Everything needs to be done expeditiously to get all the electoral processes carried out.
It is my hope that all stakeholders will work hard towards a smooth electoral process as the polls are only 28 days away.