Monday, November 14, 2016

IT’S ILLEGAL TO RECOUNT RESULTS - OQUAYE

Posted on: www.dailyguideghana.com
By William Yaw Owusu
Saturday, November 12, 2016

One of the elders of the New Patriotic Party (NPP) has said Charlotte Osei, the chairperson of the Electoral Commission (EC), will be taking an illegal action if she goes ahead to recount the presidential ballot as she hinted recently.

Prof Mike Aaron Oquaye, a lawyer and former Deputy Speaker of Parliament, said the rules do not give the EC boss, who is the returning officer for the presidential election, the power to take such an action.

On her visit to London, UK last week, Mrs Charlotte Osei told BBC ‘Focus on Africa’ that she might consider a total recount of the presidential results on December 7 if it happens that during the collation the vote margin “is too close to declare a clear winner.”

She said if that happened, it might be prudent to recount the ballot papers instead of going ahead to declare a winner.

“We are hoping within 48 hours, maximum 72 hours, we should have the results,” she told Akwasi Sarpong, host of the programme, adding, “The only reason I can see us going beyond is that our elections in Ghana tend to be very close. If it’s so close, it may be more prudent to stop, inform every one, do a total recount, and be sure of what we are announcing…just to be sure, but I do not think, well at this point it is too early to tell.”

Reacting, Prof. Oquaye, who is currently the NPP Chairman of the Legal and Constitutional Committee, told Joy FM yesterday that if the EC boss goes ahead to do the recount, it will amount to a lawless act and advised Mrs Osei to tread cautiously.

“The conduct of the election shall be regulated by law and the EC cannot operate outside the parameters of the law, otherwise it would be a recipe for constitutional crisis,” he said.

He said the EC can be inviting what he called ‘needless’ lawsuits if it goes ahead with that decision.

He said the C.I. 94 of 2016 - the constitutional instrument that will be used to regulate the general election - has clearly prescribed the conditions under which ballot papers could be recounted and also states clearly the persons who are entitled to call for the recount, adding, “A careful reading shows that the commission is not one of them.”

“C.I. 94 Regulation 38 sub-regulation (4) says the candidate himself or a representative may ask for a recount of the ballot papers at a polling station. A second recount could be demanded if the candidate is dissatisfied with the first count.”

Prof. Oquaye said the second recount could be done after the Returning Officer has ‘sanctioned’ it, and it would be done at the Constituency Collation Centre.

“The EC boss cannot by herself recount the ballot else it would be an act of illegality," he said, pointing out that the essence of the C.I. 94 “is to guard against actions that would not protect the integrity of the elections.”

But the EC boss insists that the recount will go ahead if the results are too close to call, claiming that  the commission will use its discretionary power to do the recount.

“In managing election, international best practices suggest that if the results are too close you take your time and make sure it is right. All we are saying is that it is better to be sure than to be sorry,” she told journalists on Thursday at a forum orgainsed by the Editors Forum Ghana, chaired by veteran journalist, Ajoa Yeboah-Afari.

Later, a policy advisor of the Progressive People's Party (PPP), Kofi Asamoah, cautioned the commission to be cautious in the way it is handling processes of the December 7 polls.

"Everything that the EC wants to do must be backed by regulations passed by parliament and what the Constitution says. First of all, we don't have a definition of closeness. The EC must not exercise a discretionary power it does not have,” Mr Asamoah charged.





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