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Tag: SALL Traditional Area

Judge Slams EC For “Lackadaisical Attitude” In SALL Case
Franklin Cudjoe, President of IMANI Africa Policy Think Tank, related that the High Court judge in Ho delivered a damning verdict against the Electoral Commission (EC) in the SALL election petition case, condemning their actions.
He indicated that during the SALL election petition hearing on May 21, 2024, at the High Court in Ho, Justice Owoahene Acheampong sternly rebuked the First respondent (the EC) for their “lackadaisical attitude”, expressing strong disapproval of their conduct in the matter.
Furthermore, he pointed out that the 1st Respondent demonstrated a blatant disregard for the court’s authority by refusing or failing to comply with the orders issued as far back as February, which had explicitly directed them to file additional issues.
He also revealed that the 1st Respondent was notably absent from today’s, May 21, 2024, court proceedings, failing to appear to present their defense as required.
“The court, therefore, ordered hearing notice to be served on the Director of Operations of the Electoral Commission in Accra as well as the lawyer for the Electoral Commission to ensure their attendance before the court on the next court sitting”.
Franklin Cudjoe
According to Franklin Cudjoe, the court had previously set a trial date for four specific issues presented by the petitioners’ legal representative, as per the court’s instructions issued on April 24, 2024.
As such, he stated that the court ordered both parties to file their witness statements and supporting documents simultaneously within ten days from May 21, 2024, in preparation for the trial.
Moreover, Cudjoe revealed that the court explicitly directed the Electoral Commission to file authentic copies of C.I 119, C.I 128, and the list of voters registered in the SALL traditional areas within a ten-day period starting today, May 21, 2024.
Franklin Cudjoe further announced that the case has, therefore, been adjourned to June 3, 2024, for a case management conference, followed by three hearing dates scheduled for June 11, 20, and 21, 2024.
Ho High Court To Address Key Issues In SALL Case
According to Franklin Cudjoe, the Ho High Court has identified and scheduled several crucial issues to be heard and resolved during the trial.
Franklin Cudjoe, President, IMANI Africa
According to him, the court will examine and rule on the validity of the amendments made to the Representation of the People (Parliamentary Constituencies) Instrument, 2016 (C.I. 95) through the Representation of the People Instrument, 2020 (C.I. 128), which were applied in the December 2020 elections.
Furthermore, Franklin Cudjoe stated that the court will investigate and deliver a ruling on whether Constitutional Instrument (C.I.) 112 indeed incorporated the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) Traditional Areas into the Oti Region.
He also noted that the court will also determine whether Constitutional Instrument (C.I.) 119, issued by the 1st Respondent, legally redefined the boundaries of the Hohoe Municipality, which were originally established by the Local Government (Hohoe Municipal Assembly) (Establishment) Instrument, 2012 (L.I. 2151).
Finally, Franklin Cudjoe noted that the court will ultimately decide whether the exclusion of voters from the SALL Traditional Areas in the Hohoe Constituency Parliamentary election on December 7, 2020, renders the declaration of the 2nd Respondent as the duly elected Member of Parliament for the Hohoe Constituency invalid.
The Electoral Commission of Ghana has faced widespread criticism for its controversial handling of the voter disenfranchisement issue affecting the people of Santrokofi, Akpafu, Lipke, and Lolobi (SALL) during the 2020 elections, sparking concerns about the integrity of the electoral process.
However, the Electoral Commission (EC) subsequently explained that the exclusion of voters in the Santrokofi, Akpafu, Lipke, and Lolobi (SALL) areas from participating in the parliamentary elections on December 7, 2020, was not a deliberate act of disenfranchisement, but rather an unintended consequence of the electoral process.
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May 21, 2024
Franklin Cudjoe Blasts EC for ‘Deceptive’ Statement on SALL Communities
Franklin Cudjoe, President of IMANI Africa, has criticized the Electoral Commission (EC) for its latest statement (dated 16th May 2024) on the disenfranchised SALL communities, accusing the EC of deliberately obscuring the truth and misleading the public.
He further noted that the EC’s recent statement disregarded all the concerns he previously raised about their actions on 6th and 7th December 2020, despite his detailed responses to their earlier <a href="http://<!– wp:paragraph –> <p>He indicated that none of the points made in his response to the EC’s <a href="https://thevaultznews.com/news/general-news/ec-sets-record-straight-on-sall-exclusion-debunks-imanis-false-claims/">14th May 2024 statement</a> (amended by a later 15th May 2024 statement) about the conduct of the EC on 6th and 7th December 2020 are addressed by the Commission in its recent statement.</p> statements on 14th and 15th May 2024.
As such, he argued that the Commission’s excuse, attributing its actions to the Ministry of Local Government and Rural Development’s district creation, is a constitutional betrayal and a show of irresponsibility, exposing the Commission’s disregard for the Constitution and its duties.
“Article 47(1) makes clear the responsibility of the Electoral Commission in respect of the creation of constituencies: ‘Ghana shall be divided into as many constituencies for the purpose of election of members of Parliament as the Electoral Commission may prescribe, and each constituency shall be represented by one Member of Parliament’. Nowhere in the clauses of that article or the Constitution is it provided that upon the creation of a district by the Ministry of Local Government and Rural Development, the Commission is to create a constituency”.
Franklin Cudjoe
Moreover, Franklin Cudjoe noted that the Commission had already assigned SALL Traditional area voters to the Hohoe Constituency for the 2016 election, making the current disenfranchisement efforts even more unjustified.
As such, he cited Article 47(5) of the Constitution, which stipulates the criteria for the Commission’s constituency boundary reviews, as follows:
“The Electoral Commission shall review the division of Ghana into constituencies at intervals of not less than seven years, or within twelve months after the publication of the enumeration figures after the holding of a census of the population of Ghana, whichever is earlier, and may, as a result, alter the constituencies.”
Franklin Cudjoe further noted that the creation of a district by the Ministry of Local Government and Rural Development is not one of the triggers the Constitution allows for the Commission to review the constituencies which it has established for the holding of Parliamentary elections.
As such, he stressed that the Guan District’s creation does not mandate a constituency review by the Commission, as there is no constitutional duty to create a new constituency based on the Ministry’s letter announcing the district’s establishment.
He further noted that the creation of a constituency was impossible as Parliament could not have passed a Constitutional Instrument in time for the 2020 elections.
Moreover, he indicated that any boundary changes resulting from a review would only take effect after the next Parliament dissolution (6th January 2021), making them inapplicable to the 7th December 2020 election.
EC Failed to Fulfill Constitutional Duty
Franklin Cudjoe argued that the commission could have easily fulfilled its constitutional duty by using the existing 2016 constituency boundaries for the 2020 Parliamentary elections, rather than attempting to create new ones.
Electoral Commission of Ghana
He noted that the Commission mistakenly relies on the Local Governance Act (sections 5(1)(c), 6, and 7) to educate the public, instead of referencing the Constitution, which clearly defines its responsibilities.
He dismissed the EC’s assertion that the Constitution and Local Governance Act mandate the creation of a new constituency with each new district, calling it a falsehood.
As such, he pointed out that there is no constitutional or legal requirement (in the Local Governance Act) to create a new constituency whenever a new district is formed.
“In offering its interpretation of the Local Governance Act to justify its misconduct, the Commission also ignores the fundamental legal point that provisions in a statute cannot override the provisions of the Constitution! In none of the statements of the Electoral Commission do we read about Article 47 of the Constitution and other important constitutional provisions on the role of the Commission”.
Franklin Cudjoe
Furthermore, Franklin Cudjoe noted that the EC’s statement ends with a quote from the Attorney-General, who blamed Parliament for the Guan District’s creation, deflecting responsibility from the Commission.
He stated that the Attorney-General argued that voters from SALL Traditional areas should have been allowed to vote in Buem, noting that the EC using that same argument to justify its actions, is ironical as the same reasoning was used in a lawsuit seeking to nullify Honorable Kofi Adams’ election as Buem’s MP.
“According to paragraph 10 of the 16th May 2024 statement of the Electoral Commission, had the Commission ‘left residents of the Guan District to vote for an MP in the Jasikan District/Buem Constituency, the election of the MP for the Buem Constituency would have been in violation of an Act of Parliament, Act 936, as the MP would have illegally become a member of more than one District Assembly, the Guan District Assembly and the Jasikan District Assembly.’ So, the Electoral Commission is not on the same page as the Attorney-General after all”.
Franklin Cudjoe
Franklin Cudjoe maintained that The Electoral Commission’s failure to comply with Article 47 and its violation of Articles 47(5) and (6) is inexcusable, as it prioritized creating a new constituency over using the existing one for SALL Traditional area voters.
As such, he emphasized that the facts are clear that the people of SALL were disenfranchised by the Electoral Commission.
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May 17, 2024
Vormawor And Petitioners Rebuke EC’s Response on SALL Disenfranchisement
Oliver Barker Vormawor, leader of the ‘Fix the Country Movement’, and other petitioners have issued a response to the Electoral Commission’s (EC) press statement regarding the disenfranchisement of the SALL communities in the Oti Region during the 2020 Parliamentary elections.
They noted that their attention has been drawn to a recent press statement issued by the Electoral Commission through which the EC sought to decline any legal, moral, or factual responsibility for disenfranchising the people of Santrokofi, Akpafu, Lolobi, and Likpe (SALL)
They stated that the Commission’s statement is legally flawed and shows a worrying lack of understanding of its independent mandate and constitutional autonomy, raising concerns about its impartiality and integrity.
As such, they argued that the EC’s integrity is compromised by its admission that it answers to the President and his appointees, rather than the Constitution, revealing a stark disregard for its independent mandate.
Furthermore, the petitioners indicated that on 12 October 2017, the President appointed the Brobbey Commission to inquire into the need and substantial demand for the creation and alteration of regions.
As such, on June 26, 2018, the Commission of Inquiry recommended creating a new Oti Region, comprising Lolobi, Akpafu, Santrokofi, and Likpe traditional areas in Hohoe Municipality, in its report to the President.
However, the 2016 Representation of People Instrument (C.I. 95) paradoxically included Lolobi, Akpafu, Santrokofi, and Likpe in the Hohoe Constituency in the Volta Region, despite the creation of the Oti Region.
They contended that the EC was legally bound to issue a new CI by February 1, 2019, to transfer SALL to the Oti Region for voting purposes, but failed to do so, denying the people of SALL their rightful voting allocation.
“Following a Constitutional challenge in the Supreme Court, the Court specifically instructed the Electoral Commission to amend the C.I. 95, in these clear terms: ‘Accordingly, we order the Electoral Commission to amend CI 95 to bring it in conformity with CI 112. Such amendment shall take effect upon the next dissolution of parliament that is after midnight of 6th January 2021’. [Dzatse Vrs Ametefe and Others (J6/01/2020) [2020] GHASC 45 (24 June 2020)]”
Oliver Barker Vormawor and Fellow Petitioners
Moreover, they noted that following the Dzatse decision, the EC implemented the Supreme Court’s directive in July 2020, issuing C.I. 128, which placed Santrokofi, Akpafu, Lipke, and Lolobi in the Buem Constituency, effective August 11, 2020.
As such, they stated that the EC’s C.I. 128 aimed to divide Ghana into 275 constituencies for parliamentary elections, starting with the January 2021 sitting and subsequent polls.
However, they pointed out that, on the eve of the parliamentary elections, the EC issued a statement limiting eligible voters in the Guan District to voting only in the presidential election, not the parliamentary one.
EC’s Justification for Disenfranchising SALL Residents Unpersuasive
Furthermore, Oliver Vormawor and his fellow petitioners noted the Electoral Commission’s claim that a letter from the Minister of Local Government directing the Commission to create a new constituency for SALL, justified denying SALL residents the right to vote is unpersuasive and unacceptable.
Elections In Ghana,,,
They argued that the Constitution gave the EC sole authority over constituency creation to prevent political manipulation and protect voting rights, emphasizing that it is disturbing that the EC would suddenly deny SALL residents the right to vote, contradicting its own regulations.
Moreover, they indicated that the EC’s claim that a new constituency must be created due to a new district is baseless in law and logic, noting that there is no requirement for a one-to-one district-constituency ratio, and this assumption lacks legal merit.
“The fact is that in Ghana now, we have 275 constituencies and 261 districts. This means that there are districts that overlap different constituencies. This is something the Constitution recognizes that situation and allows. 17. In essence, at the time the Electoral Commission issued its Statement of 6 December 2020, it was aware, or its constitutional functions required that it be aware that the ‘eligible voters in the Guan District’ were constitutionally entitled to vote as part of the Buem Constituency, as stated in C.I. 128”.
Oliver Barker Vormawor and Fellow Petitioners
The petitioners further contended that there is no constitutional requirement that districts in this country cannot straddle more than one Constituency, stressing that Article 242(b) confirms that the Constitution contemplates such a scenario.
They also noted that there was no constitutional basis for subjecting the right of voters in the Guan District to vote under Article 42 as part of the Buem Constituency to the existence or subsequent creation of new districts.
Moreover, they indicated that there was no Guan Constituency in existence and that the only constituency that existed in which the eligible voters in the Guan District could vote and be represented was the Buem Constituency as stated in C.I. 128 which was made under the hand of the EC.
Accordingly, they argued that the Electoral Commission was precluded from creating the Guan constituency, issuing the requisite Constitutional Instrument under Article 11(7), and conducting elections in that constituency by January 7, 2021.
“This was more so because under Article 112(4) of the 1992 Constitution, General election of members of Parliament shall be held within thirty days before the expiration of the four-year term of Parliament from the date of its first sitting, which would have been 7 January 2021. And that in accordance with this Article, the latest day the parliamentary election could have been held was 7 December 2020”.
Oliver Barker Vormawor and Fellow Petitioners
Furthermore, they noted that Parliament had announced its adjournment on November 7, 2020, and had already adjourned sine die by the time the Electoral Commission issued its statement, rendering the creation of a new constituency impossible.
They also indicated that, following the Supreme Court’s decision in the Dzatse case, the EC was aware that requiring a new Guan Constituency as a precondition for voting would disenfranchise eligible voters in the Guan District, leaving them unrepresented in the Eighth Parliament of the Fourth Republic.
As such, they insisted that the decision of the EC to deny the eligible voters of the Guan District to vote in the 2020 Parliamentary elections as part of the Buem Constituency was in direct contravention of C.I. 128, which was made by the EC itself.
Moreover, they stated that the EC’s actions breached the 1992 Constitution, depriving SALL’s eligible voters of their right to vote and effectively suspending a crucial part of the Constitution, indicating that this violation undermined the Commission’s constitutional duty to safeguard voting rights.”
“We are convinced that the actions of the Electoral Commission were either intentional or negligent and thus criminal; or that they were a demonstration of ineptitude, both of which are disqualifying”.
Oliver Barker Vormawor and Fellow Petitioners
Oliver Vormawor and his fellow petitioners noted that despite efforts to silence them, they remain hopeful that those who orchestrated this attack on Ghana’s democracy will be brought to justice and held accountable for their crimes against the Republic.
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May 16, 2024
Franklin Cudjoe Unmasks EC’s “Gross Incompetence”
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.
Electoral Commission of Ghana
Elections In Ghana
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.
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May 15, 2024
Storm Of Excitement Hits SALL
In Santrokofi, Akpafu, Likpe, and Lolobi (SALL) traditional areas, the residents have expressed their support for a new Constitutional Instrument designed to create the Guan Constituency.
The Electoral Commission (EC) has submitted a Constitutional Instrument to Parliament for the establishment of this constituency.
Residents from the SALL Traditional areas, who were unable to vote for a Parliamentary Candidate in the 2020 General Elections, have openly expressed their elation.
Fred Agbenyo, the Parliamentary Candidate for the NDC in the forthcoming constituency, has warmly embraced the EC’s action, deeming it a positive step forward.
“We have been looking forward to this up till the news broke that the electoral commission has tabled a CI for the creation of the constituency. Per the processes, the CI is supposed to be laid for 21 days. Sometimes the process can be slow.
“When we heard the news we were excited about it but we know that our fundamental human rights have been infringed upon.”
Fred Agbenyo
He continued to recount the journey thus far.
“For no fault of ours, we were asked not to participate in the 2020 Elections and given a promise that they were going to create a constituency subsequently. Since then we have been following up with letters to the Electoral Commission, the Attorney-General, etc. Nobody seemed to be paying attention to our call.
“So when yesterday the news broke that the constituency was going to be created, some storm of excitement hit the area.”
Fred Agbenyo
Parliament of Ghana
He however noted that there is information suggesting that the Constitutional Instrument (CI) might be withdrawn from parliament for some unknown reason. He thus emphasized that any such attempts will be vehemently opposed.
“We are picking some other signal that some persons are trying to withdraw the CI that was laid. And I must tell you that it has taken a lot of effort for us to [come] this far…all these years. People had wanted us to resolve all manner of things unconstitutionally to make sure the right thing was done. We are in a democracy so we believe in the rule of law. We have to ensure that nobody’s right is infringed upon.
“Unfortunately for us as leadership, we have tried to maintain calm and allow the process to go through. So for any attempt at this point to withdraw the CI that has been laid in parliament, we cannot second-guess what will be the reaction of the people in that area.”
Fred Agbenyo
EC Debunks Claims Of Creating More Constituencies
However, it is anticipated that a bill proposing the establishment of additional constituencies for the 2024 General Elections will be presented to the House for deliberation following extensive consultations with stakeholders.
Bossman Asare
Previously, the Electoral Commission had announced its ongoing efforts to form new constituencies. Bossman Asare, the Commissioner for Corporate Affairs of the Electoral Commission, had specifically mentioned the Guan District as one of the areas slated to receive a new constituency as part of the Commission’s preparations for the 2024 elections.
Nonetheless, the Electoral Commission has refuted claims suggesting its plans to create more constituencies ahead of the impending general elections. Dismissing media reports about 25 proposed constituencies, the Commission, in a statement signed by Michael Boadu, the Head of Public Relations, emphasized that the only constituency being established is the Guan Constituency in the Oti Region for the 2024 General Elections, refuting any other purported plans for new constituencies.
The Majority Leader, Osei Kyei-Mensah-Bonsu, presented the Constitutional Instrument titled “Representation of the People – Parliamentary Constituencies Amendment Instrument, 2023” to the house.
The Speaker has subsequently referred the CI to the Subsidiary Legislation Committee of parliament for review and reports.
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November 1, 2023