The Director of Legal Affairs for the National Democratic Congress (NDC), Mr. Edudzi Tamakloe, has expressed strong reservations about the actions of the Electoral Commission (EC) under the leadership of Jean Mensa.
Tamakloe outlined legal inconsistencies in the EC’s approach to the parliamentary elections in nine constituencies, highlighting issues with the commission’s adherence to electoral laws. His critique covered the EC’s authority, the role of returning officers, and the precedent set by earlier incidents.
Mr. Tamakloe emphasized that the role of returning officers is clearly defined under the Public Elections Regulations, 2020 (C.I. 127). He emphasized;
“Regulation 2 and Regulation 3 is to the effect that, for parliamentary elections, the person clothed with the authority and mandate to make a declaration and to collate results determined within a constituency is the returning officer – Not even Jean Mensa, nor even Bossman Asare or Samuel Dede, have the legal capacity to overturn decisions made by the lawful returning officers of these respective constituencies.’’
Mr. Edudzi Tamakloe Director of Legal Affairs for the National Democratic Congress (NDC)
He highlighted five constituencies, including Obuasi East and Ablekuma North, where declarations had already been made by returning officers. According to him, any attempt to overturn these decisions is unlawful.
Mr. Tamakloe did not mince words when addressing the EC Chairperson’s justification for her actions.
“I must say that Madam Jean Mensa and her other commissioners have turned themselves to the law, or either above the law and have decided to do whatever pleases them. I strongly believe that as a democratic arrangement as we have it, it’s the law that must have its way.’’
Mr. Edudzi Tamakloe Director of Legal Affairs, National Democratic Congress (NDC)
He further criticized Jean Mensa for her refusal to answer questions from journalists regarding the matter, describing her actions as evasive and dismissive. He blasted; ‘’Madam, you are not a principled woman. You lack integrity, you lack principle.”
Meanwhile, the same C.I. 127 enumerates the processes for a declaration to be valid. If these processes were incomplete, the law provides a remedy, and that remedy is not a unilateral recollection by the EC.
Mr. Tamakaloe also mentioned the tragic events of the 2020 elections, where violence marred the process. He lamented;
“Eight people were brutally murdered, shot at close range by armed military and police officers during the elections.’’
Mr. Edudzi Tamakloe Director of Legal Affairs for the National Democratic Congress (NDC)
He described how the NDC, led by then-Minority Leader Haruna Iddrisu, petitioned the EC to recollate results in Techiman South.
The EC, however, dismissed their plea, advising them to seek judicial redress instead.
“In 2020, Madam Jean Mensa indicated clearly that re-collation could happen before the declaration. And after the results have been declared, there cannot be anything called re-collation or recount.’’
Mr. Edudzi Tamakloe Director of Legal Affairs for the National Democratic Congress (NDC)
Judicial Processes Ignored
“Judicial processes have been served on her [Jean Mensa]. She has the benefit of instructing her lawyers to put up whatever she has said at the press conference as a defense in the various judicial processes that happened in our court. But rather she resorts to grandstanding is regrettable and should not be encouraged.”
Mr. Edudzi Tamakloe Director of Legal Affairs for the National Democratic Congress (NDC)
He argued that such actions undermine the legal process and create unnecessary tension.
Mr. Edudzi Tamakloe’s critique of the Electoral Commission underscores serious concerns about adherence to electoral laws and the principles of democracy.
His arguments challenge the EC’s decisions, pointing to inconsistencies in their application of the law and raising questions about their integrity.
As legal battles over the disputed constituencies unfold, these criticisms highlight the importance of transparent and lawful electoral processes.
By presenting his views with clarity and legal backing, Tamakloe has brought attention to the need for accountability and fairness in the conduct of elections.
His remarks will likely resonate with many closely monitoring the developments in Ghana’s electoral landscape in the limelight of the aftermath of the 2024 general elections.
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