The Ranking Member of the Subsidiary Legislation Committee of Parliament, Andy Kwame Appiah-Kubi, has said if the Electoral Commission is convinced that parliament is frustrating its efforts at getting its new Constitutional Instrument CI approved, it can take legal action against the institution.
The Electoral Commission has come under intense pressure from opposition political parties, and has even been sued for its decision to restrict the ongoing limited voter registration exercise to its district offices instead of decentralizing it.
The Chairperson of the Electoral Commission (EC), Mrs Jean Mensa says Parliament is partly to blame for their inability to expand the exercise because it failed to pass the new Constitutional Instrument, CI that it presented for approval.
Addressing concerns and criticisms associated with the ongoing exercise, Mrs Jean Mensa said the Commission has been left in a very difficult place.
“As you are all aware, the Commission prepared a draft CI for continuous registration in all district offices nationwide. This initiative started last year and the registration we were envisioning under the draft CI was for a sustained long-term basis.
“Indeed, had the CI been passed we would have had some six months this year to register voters at any time of their choice. Our 2023 budget and work plan were prepared along those lines. Our 2023 work-plan and budget were based on a continuous registration of voters in our district offices nationwide, we did not factor electoral area registration in our 2023 work plan and budget,” she explained.
But the Minority in parliament strongly disagrees with this position, and says the Commission does not need a new law to fully execute its mandate.
Speaking on PM Express on Joy News on Wednesday, the MP for Asante-Akim North, who’s also the Ranking Member of the Subsidiary Legislation Committee of Parliament, Andy Kwame Appiah-Kubi, said there have been extensive discussions on the CI, and so he does not understand why it cannot be laid.
“Indeed, I have been questioning why the EC hasn’t brought the CI and let parliament take a decision on that. I have heard people say that parliament is frustrating the EC in laying its CI Parliament doesn’t have any power to frustrate a constitutionally mandated institution from laying its CI Maybe it’s about consultation between parliament and EC that has stalled the filing, but I don’t think parliament has any power to frustrate the EC, I will not accept that fact. They [EC] probably have to come out with a better explanation. As far as I am concerned, we are all waiting for the filing of the CI for it to continue the process of maturity” he explained.
“If the EC is experiencing some frustration in the process of filing, EC may go to court to seek orders that will be compelling on even parliament to facilitate the filling. For me, I have not seen any frustration on the part of parliament in the laying of the CI If it is true that somebody is frustrating it, then somebody is undermining the independence of the Commission and it ought to be brought to be book. But for me I don’t have evidence of any such frustration. So if it becomes difficult for them, they [EC] can resort to court for interpretation” he argued.
