In response to a petition from the National Democratic Congress (NDC) calling for a forensic audit of the Provisional Voters Register (PVR), the Electoral Commission (EC) of Ghana has firmly rejected the request, assuring the public of the register’s integrity ahead of the 2024 General Election.
The NDC had raised concerns about discrepancies they observed in the PVR, questioning its credibility and calling for a forensic audit as a safeguard.
In a letter addressed to NDC Chairman, Mr. Johnson Asiedu Nketiah, and signed by Mrs. Jean Mensa, Chairperson of the EC, the Commission acknowledged receipt of the NDC’s petition, which was submitted on September 17, 2024.
“The crux of your petition is that the discrepancies you have discovered in the Provisional Voters Register (PVR) make it unfit for the 2024 General Election and therefore you propose that it should be subjected to a forensic audit.
“It is important to emphasize that the Register in question is a Provisional Register generated immediately after the registration of voters. It is a draft register. It is not the Final Register”.
Mrs Jean Mensa, Chairperson, EC
EC’s Response to NDC’s Concerns
In the letter, the EC explained that the Provisional Voters Register is a draft document subject to review and correction through an Exhibition Exercise, as provided by the Public Elections (Registration of Voters) Regulations, 2016, Constitutional Instrument (C.I.) 91, and its amendments.
The Commission clarified that discrepancies are not unusual in a provisional register and are expected to be addressed before the final voters register is produced.
“Regulations 23 and 24 of C.I. 91 provide clear pathways for addressing anomalies such as missing names, incorrect biographical data, and errors in polling station designations,” the EC stated, adding that the Exhibition Exercise, which is legally mandated, serves as the primary mechanism for cleaning the register.
The Commission reiterated that it had invited the NDC to provide data on the discrepancies they identified to facilitate a thorough investigation, however, as of the date of the letter, the NDC had not submitted the requested data, despite a prior agreement to do so.
“We believe that had you followed through with this process, you would today attest to the credibility and integrity of the register and rescind your call for a forensic audit,” the EC said, stressing that the issues raised by the NDC had already been resolved through its internal processes.
Detailed Measures Undertaken by EC
The EC outlined the multi-pronged approach it employed to clean the PVR, which involved both physical inspections at over 40,000 Exhibition Centres and electronic review via the Commission’s online platform.
It highlighted that voters who identified errors with their details during the Exhibition had them corrected while Exhibition Officers scrutinized the register at polling stations, reporting discrepancies for correction.
The Commission also pointed out that its District Electoral Officers and IT staff reviewed the register and rectified any issues identified.
This rigorous process, according to the EC, is designed to ensure a credible and robust final register. The Commission also underscored that this same method was successfully employed during the 2020 elections, which saw no voters being disenfranchised due to register-related issues.
“The same approach we have adopted to clean the 2024 PVR will deliver a credible and robust final voters register ahead of the 2024 elections,” the letter added.
Specific Responses to NDC’s Allegations
On Voter Transfers, the NDC alleged that 243,540 voters were transferred illegally without their consent. In response, the EC clarified that the higher-than-expected transfer figures were the result of the inclusion of transfers made since 2020 in the data provided to political parties.
“During our press conference on 2nd September 2024, the Commission explained that the 2024 Absent Voters List and the Transferred Voters List provided to the Political Parties inadvertently included all transfers undertaken since 2020, hence the higher-than-expected figures.
“This is not an illegality as claimed in your petition. What happened was that records for all transfers that took place in 2020, 2023 and 2024 were presented in the Register given to the Political Parties. This resulted in a higher figure recorded for the transfers. This has been corrected”.
Mrs Jean Mensa, Chairperson, EC
The Commission further acknowledged an error involving 38 unauthorized transfers in Pusiga, which it said had been reversed, with the officer responsible dismissed from their position.
Missing Voter Data
Again, while the NDC claimed that nearly 4,000 voters were deleted from the register without explanation, the EC categorically denied this, stating that the missing voters were either in the register or on special lists like the Exceptions or Multiples List.
It also noted that all voter data can be traced in the Voter Management System (VMS), allowing for verification and correction where necessary.
“The NDC is yet to provide to the Commission evidence of the ‘15,000 instances of unidentifiable voter transfer paths’ that the party noted it has identified in the PVR. As explained above, all data, from registration to transfers and amendments are not deleted from the Voter Management System.
“All voters registered in the VMS can be accounted for. There exists a trail that explains each voter’s movement. Even in instances where voter data is corrupted, there still exists evidence (paper or electronic) of a registration having taken place”.
Mrs Jean Mensa, Chairperson, EC
Corrupt and Incomplete Data
Furthermore, the Commission admitted that technical errors during the extraction of data led to corrupt or incomplete voter data in the PVR, but emphasized that these issues were detected and corrected during the Exhibition Exercise.
Confidence in IT System
The EC expressed full confidence in the security and integrity of its IT systems, explaining that all entries and modifications are logged and traceable.
It also acknowledged that there is no perfect system, but highlighted the presence of an audit trail that ensures accountability and allows for the rectification of any detected errors.
“A case in point is the transfers done by our Officer in Pusiga who exploited the absence of a liveliness check in voter identification and used ID photos to undertake unauthorized transfers of voters.
“It is important to note that, the Commission detected this anomaly, identified the vulnerability, and immediately put a remedy in place. More importantly, the presence of an audit trail allowed for the reversal of the Thirty-Eight (38) unauthorized transfers. The system is equipped with measures to cure errors detected”.
Mrs Jean Mensa, Chairperson, EC
Legality of Using PVR for Nominations
The NDC had also objected to the use of the provisional register during the nomination process for presidential and parliamentary candidates, however, the EC cited Regulation 50 (1) of C.I. 127, which defines a registered voter as anyone whose name appears on the provisional register, affirming the legality of its use for nominations.
Transparency and Online Exhibition of Voters Register
In response to claims of a lack of transparency, the EC defended its track record, asserting that it had always maintained an open-door policy and made the electoral process accessible to the public.
It also indicated that while another physical exhibition of the register would be unfeasible due to time constraints, an online exhibition of the corrected PVR would continue until Election Day.
The Commission intends to implement an Online Exhibition of the PVR at no cost to Registered Voters. According to the statement, voters will be able to report on anomalies with their details within a time frame to be made available to the Public.
“The Voters Register will be displayed online until Election Day,” the letter stated, encouraging the NDC and the public to continue scrutinizing the register and reporting any anomalies.
Rejection of Call for Forensic Audit
In conclusion, the EC stated that the call for a forensic audit was premature, given that the legal and administrative processes required to produce a final voters register had not been fully exhausted.
The EC closed by reiterating its commitment to producing a credible and robust final register for the 2024 general elections, calling on the NDC to trust the Commission’s processes and to engage in further dialogue to resolve any outstanding concerns.
“The Commission takes this opportunity to assure the NDC and the general public that it has largely resolved all discrepancies identified in the PVR,” the letter concluded, emphasizing that there is no need for external assistance in conducting its mandate.
As the December 2024 general elections draw near, the EC reassured all stakeholders of its preparedness to deliver a free, fair, and transparent election, as it has done in previous years.
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