‘Power will have to all the time be answerable to the folks’ – Kofi Asmah hails CHRAJ ruling on IMANI petition – Life Pulse Daily

Introduction

In a landmark decision that underscores the principles of transparency and accountability in governance, the Commission on Human Rights and Administrative Justice (CHRAJ) has dismissed an objection by the Electoral Commission (EC) to halt a petition challenging alleged irregularities in the procurement and disposal of biometric election equipment. The ruling, hailed by legal experts like Kofi Asmah, Managing Partner of Gyandoh Asmah & Co., signals a reaffirmation of the democratic ethos that “power must always be answerable to the people.” This article delves into the significance of the CHRAJ ruling, its implications for electoral integrity in Ghana, and the broader lessons for democratic institutions facing public scrutiny.

Analysis

Understanding the CHRAJ Ruling

The CHRAJ’s decision to allow the IMANI Centre for Policy and Education’s case against the EC to proceed raises critical questions about the balance of power in Ghana’s electoral processes. IMANI’s petition, filed through Gyandoh Asmah & Co., alleges that the EC engaged in maladministration, abuse of authority, and reckless financial expenditures related to biometric voter registration devices. By rejecting the EC’s bid to block the petition, the CHRAJ has affirmed the right of citizens and civil society organizations to hold public institutions accountable—a cornerstone of democratic governance.

Legal Framework and Judicial Independence

Ghana’s Constitution enshrines open, democratic elections managed by an impartial EC. However, as the IMANI case illustrates, institutions are not immune to allegations of misconduct. The CHRAJ’s ruling emphasizes judicial independence, ensuring that even powerful entities like the EC cannot stifle legal challenges without due process. This aligns with Article 21 of the 1992 Constitution, which guarantees the right to access information and participate in governance—a right that informed groups like IMANI argue is essential for electoral transparency.

Implications for Ghana’s Electoral Integrity

The ruling bolsters public trust in Ghana’s electoral systems by signaling that complaints of financial mismanagement or procedural flaws will not be automatically dismissed. For instance, the alleged misuse of funds in procuring biometric devices—a process valued in the “tens of tens of millions of dollars”—could deter corruption if pursued rigorously. Legal analysts note that such rulings set precedents for future cases, encouraging watchdog groups to address systemic issues like resource misallocation and executive influence on electoral bodies.

Summary

The dismissal of the EC’s objection to IMANI’s petition marks a pivotal moment for accountability in Ghana. Kofi Asmah lauded the decision as a victory for citizens demanding transparency and fairness. The CHRAJ’s ruling reinforces constitutional principles, highlights the need for institutional bravery, and underscores the role of civil society in safeguarding democracy. While the legal battle continues, the case exemplifies how judicial independence and public advocacy can coexist to uphold good governance.

Key Points

Practical Advice

For Individuals and Organizations Advocating Accountability

• Document and Report Alleged Irregularities: Maintain detailed records of public fund usage and electoral processes to support credible petitions.
• Engage Legal Experts Early: Collaborations with seasoned attorneys, like Gyandoh Asmah & Co., can enhance the viability of complex cases.
• Leverage Media for Transparency: Publicly share petitions and rulings to pressure institutions into compliance and deter corruption.

For Citizens Participating in Elections

• Stay Informed: Monitor election preparations through official EC channels and independent watchdog groups.
• Report Suspected Fraud: Utilize official grievance mechanisms to address irregularities identified at polling stations.

Points of Caution

Ongoing Nature of Legal Proceedings

While the CHRAJ ruling permits the petition to continue, the final outcome remains uncertain. Premature assumptions about the EC’s accountability could undermine public trust if the final judgment exonerates the commission.

Risk of Politicized Judiciary

Critics worry that high-profile cases like this might provoke backlash from political actors, potentially straining Ghana’s judiciary’s reputation for impartiality. Sustained judicial independence is vital to avoid politicization of the CHRAJ’s decisions.

Funding and Resource Constraints

Civil society organizations like IMANI rely on donations and partnerships to pursue legal battles. Sustaining such efforts requires transparent funding mechanisms to avoid perceptions of vested interests.

Comparison

Similar Cases of Electoral Accountability Worldwide

This ruling mirrors cases in advanced democracies where courts have compelled governments to improve electoral transparency. For example:

• United States: The 2000 Bush v. Gore case demonstrated how courts can intervene in electoral disputes, though it remains controversial.
• United Kingdom: The European Court of Human Rights has ruled on cases involving state accountability for mishandling redrawing electoral boundaries.

Key Contrast in Approach

Unlike the mix of judicial oversight and legislative review in some nations, Ghana’s reliance on executive agency (CHRAJ) for case management highlights a centralized accountability model, which may limit checks and balances compared to fully independent courts.

Legal Implications

Constitutional Safeguards in Ghana

Ghana’s 1992 Constitution mandates that public office holders act in accordance with the law and moral responsibility (Article 9). The CHRAJ’s ruling reaffirms this by ensuring that allegations of financial misconduct within the EC are examined through due process, not political expediency.

Precedent for Future Cases

The decision could embolden other civil society groups to challenge decisions by public institutions, fostering a culture of proactive accountability. Legal experts caution, however, that setting a precedent requires consistent enforcement of judgments across all sectors, not just electoral management.

Conclusion

The CHRAJ’s dismissal of the EC’s objection to IMANI’s petition is a victory for Ghana’s democratic ideals. By prioritizing judicial independence and institutional transparency, the ruling reinvigorates public confidence in holding leaders accountable. While challenges remain in achieving systemic reform, this case serves as a reminder that governance thrives when citizens and institutions collaboratively uphold the principle of accountability.

FAQ

Sources

• Original article: Life Pulse Daily (2025-10-30).

• Ghana’s 1992 Constitution, Article 21 and Article 9.

• Statement from IMANI Centre for Policy and Education.

• Profile of Kofi Asmah and Gyandoh Asmah & Co. on legal firm directories.