EC Must Be Investigated – Dafeamekpor Alleges Supreme Court Was Misled in Kpandai Case

Introduction

A prominent Ghanaian lawmaker has called for a formal investigation into the Electoral Commission (EC) following allegations that the Supreme Court was deliberately misled in a high-profile parliamentary dispute. Rockson-Nelson Dafeamekpor, the Majority Chief Whip and Member of Parliament for South Dayi, contends that the EC’s handling of gazette dates in the Kpandai parliamentary case was not a clerical error but a calculated attempt to influence the outcome. This controversy has ignited debate over electoral integrity, judicial transparency, and the constitutional limits of parliamentary representation in Ghana.

Key Points

Background

The Kpandai parliamentary dispute arose following the 2020 general elections, when discrepancies in the gazetting of parliamentary results led to a legal challenge. Gazette notifications are official publications that confirm election results and set timelines for legal recourse. In this case, the timing and validity of these notifications became central to the dispute, as they determine when a candidate’s right to challenge an election result in court is triggered.

The Electoral Commission initially communicated with Parliament on December 23, but later aligned its court narrative with a December 24 gazette date. This shift, according to Dafeamekpor, was designed to undermine the opposition’s claim that their legal challenge was filed prematurely. The controversy deepened when the EC’s seat numbering reportedly exceeded the constitutional limit, raising questions about the accuracy and legitimacy of the published results.

Analysis

Dafeamekpor’s allegations strike at the heart of Ghana’s electoral process and judicial oversight. By claiming that the EC’s actions were deliberate rather than accidental, he challenges the credibility of the Commission and the fairness of the judicial process. The MP argues that the EC’s shifting of gazette dates and the inflation of parliamentary seat numbers were not mere errors but part of a broader strategy to influence the outcome of the case.

The constitutional limit on parliamentary seats is a safeguard against electoral manipulation. If the EC exceeded this limit, it would represent a serious breach of electoral law. Dafeamekpor’s insistence that “the number of parliamentary seats is fixed” underscores the gravity of the alleged infraction. His claim that the EC later attempted to disown a corrective gazette publication further fuels suspicions of misconduct.

Moreover, the timing of gazette notifications is crucial in electoral disputes. Under Ghanaian law, a candidate’s right to challenge an election result in court only matures after the results are officially gazetted. If the EC manipulated these dates, it could effectively deny candidates their legal right to seek redress, undermining the principles of electoral justice.

Practical Advice

For citizens and stakeholders concerned about electoral integrity, this case highlights the importance of vigilance and accountability. Here are some practical steps to consider:

1. **Demand Transparency**: Advocate for greater transparency in the gazetting process and the publication of parliamentary results.
2. **Support Independent Oversight**: Encourage the establishment of independent bodies to audit and verify electoral data.
3. **Engage in Civic Education**: Promote awareness about the significance of gazette dates and the legal rights of candidates and voters.
4. **Monitor Legal Proceedings**: Stay informed about ongoing legal challenges and court rulings related to electoral disputes.
5. **Hold Officials Accountable**: Support calls for investigations into alleged misconduct by electoral authorities.

FAQ

Conclusion

The allegations made by Rockson-Nelson Dafeamekpor against the Electoral Commission have cast a spotlight on the integrity of Ghana’s electoral process and the role of judicial oversight. If proven true, the EC’s alleged manipulation of gazette dates and seat numbering would represent a serious breach of electoral law and a threat to democratic principles. As the debate unfolds, it is crucial for all stakeholders—government, judiciary, civil society, and citizens—to work together to ensure transparency, accountability, and fairness in Ghana’s elections. The outcome of this case could have far-reaching implications for the future of electoral justice in the country.