Franklin Cudjoe, founder and President of IMANI Africa, has lambasted the Electoral Commission’s (EC) statement on SALL, calling it ‘brazenly dishonest’ and a stark example of the Commission’s “gross incompetence”.
He pointed out that it is a matter of public record that on the evening of December 6, 2020, the EC issued a public statement announcing that voters in the SALL Traditional areas would be excluded from participating in the Parliamentary elections scheduled for December 7, 2020.
He further contended that the exclusion of voters in the SALL Traditional Areas from casting their ballots in the Parliamentary election constituted a blatant infringement on their fundamental right to vote, effectively disenfranchising them.
According to Franklin Cudjoe, the exclusion of SALL Traditional Area voters has resulted in a stark consequence as they remain unrepresented in the 8th Parliament of the 4th Republic.
He indicated that Prof. Kwaku Asare aptly described it as “the cardinal sin of the 8th Parliament”, highlighting the gravity of this democratic deficit.
Furthermore, he reproved the EC for labeling his statement about the disenfranchisement of SALL citizens as “falsehood and misinformation” or “falsehood and untruths”, calling this response “brazenly dishonest” and a clear attempt to obscure the truth.
“None of the so-called ‘facts surrounding the inability of the residents of SALL now the Guan Constituency, to vote in the 2020 Parliamentary Election’ that are recited in the…statement of the Electoral Commission, can take away the simple, indisputable fact that, on the eve of the 2020 elections, the Electoral Commission publicly announced that the people of SALL could not vote in the Parliamentary election. The people of SALL were, therefore, disenfranchised and were not represented in the 8th Parliament of the 4th Republic”.
Franklin Cudjoe
Moreover, Franklin Cudjoe noted that the EC’s lawyer recently expressed regret in court over SALL’s disenfranchisement, leading many to believe the Commission was showing remorse. However, he stated that it’s now clear this was just a pretense, as the EC’s position remains unaltered.
He indicated that the EC, in its recitation of events, failed to acknowledge Article 47(6) of the Constitution, which stipulates that changes to constituency boundaries only take effect after the next parliamentary dissolution, a critical detail the EC seemingly ignored
He noted that the Supreme Court has previously ruled in a case involving the EC that, changes to constituency boundaries resulting from the Guan Constituency’s creation would only take effect after Parliament’s dissolution on January 6, 2021, further underscoring the EC’s error.
As such, Franklin Cudjoe argued that the EC should have known that the creation of the Guan Constituency and changes to existing boundaries couldn’t take effect before the December 7, 2020 elections, regardless of the draft C.I.’s approval status.
EC’s Legal Blunder Exposed
Moreover, Franklin Cudjoe stated that the EC’s statement shows it was unaware Parliament was on recess when it received the Ministry’s letter, demonstrating a basic misunderstanding of the constitutional process.
He indicated that the EC appears to think constituency boundaries can be altered via a simple letter, rather than following the constitutional requirements outlined in Article 47(5).
“That the Commission was not aware of Parliament being on recess at the time it received the letter from the Ministry of Local Government and Rural Development speaks volumes. So, in preparing a draft of a Constitutional Instrument intended to be sent to Parliament ‘to bring into force the Guan Constituency’, the Commission was not aware of the very public fact that Parliament was on recess! The Commission did not bother to check on the calendar of Parliament even as it was preparing an Instrument that could only come into effect after being placed before Parliament”.
Franklin Cudjoe
Furthermore, Franklin Cudjoe disclosed that he played a key role in arranging a meeting between the Chair of the EC, Mrs. Jean Mensa, and the esteemed elders of SALL on November 30th, 2020.
He disclosed that before the meeting, the elders wrote to the EC on November 27, 2020, seeking clarity on their status in the December elections.
He also indicated that the elders warned that any attempt to disenfranchise them would violate their constitutional rights and be a clear disrespect to their dignity, and vowed to resist such actions with all their might.
Franklin Cudjoe revealed that on December 1, 2020, just a day after meeting with SALL elders, the EC’s Deputy Director, Samuel Tetteh, publicly announced that SALL voters would be allowed to vote in their ‘mother constituency’ on December 7, 2020.
“We were therefore surprised when the EC just after five days, on December 6, 2020, issued the press statement authorizing SALL residents not to vote in the Parliamentary Elections”.
Franklin Cudjoe
As such, he expressed confidence that Ghanaians won’t be fooled by the EC’s brazen dishonesty and will reject any attempt to undermine the country’s democracy with such incompetence.
He urged that the Commission’s unlawful actions be continually exposed to safeguard Ghana’s democracy, and pledged to persist in this effort, refusing to let the EC’s actions go unchallenged and jeopardize Ghana’s democratic foundations.
