Frank Quaye Calls for Nullification of Ayawaso East Primary to Protect NDC’s Integrity

Introduction

A prominent legal activist has issued a strong call for the National Democratic Congress (NDC) to nullify the results of the Ayawaso East parliamentary primary, citing serious electoral violations that threaten the party’s integrity and public trust. While President John Dramani Mahama has taken decisive action by recalling Ghana’s High Commissioner to Nigeria over related misconduct, Frank Quaye argues this administrative measure alone is insufficient to address the deeper democratic crisis.

Key Points

Background

The controversy erupted following the NDC’s parliamentary primary in Ayawaso East constituency, where allegations surfaced that high-value electronic items were distributed to delegates on the morning of February 7. These allegations have cast a shadow over the legitimacy of the electoral process and raised serious questions about the integrity of internal party democracy.

President Mahama’s decision to recall Mohammed Baba Jamal Ahmed from his position as Ghana’s High Commissioner to Nigeria represents a significant administrative response to the situation. However, legal experts and political observers note that this action addresses only one aspect of a more complex problem that extends to the heart of democratic practice within the party.

Analysis

The Legal Framework

The allegations of television distribution during an active ballot raise two primary legal issues that strike at the core of electoral integrity. First, whether the distribution of high-value electronic goods to delegates constitutes “Bribery” and “Treating” under the Representation of the People Law, 1992 (PNDCL 284). Second, whether such conduct violates the mandatory requirements for internal party democracy as stipulated under Article 55(5) of the 1992 Constitution and the Political Parties Act, 2000 (Act 574).

Under Section 33 of PNDCL 284, bribery is committed when a person offers “valuable consideration” to a voter to induce them to vote or refrain from voting. A television set clearly represents valuable consideration. Furthermore, Section 34 defines the offense of “Treating” as providing a provision to corruptly influence a person’s vote. Legal precedent, including the case of Luguterah v. Interim Electoral Commission [1971] 1 GLR 109, establishes that where an election is tainted by illegality, the popular will is nullified and the entire result must be set aside.

Administrative Recall vs. Electoral Integrity

President Mahama has fulfilled his duty as the appointing authority of the State by recognizing that a diplomat involved in such reportage loses the moral authority to represent Ghana abroad. However, the NDC leadership—particularly Chairman Johnson Asiedu Nketia and General Secretary Fiifi Kwetey—must now perform their duty as the custodians of the party’s integrity.

The recall of Baba Jamal does not “wash” the votes cast in that primary. If delegates were influenced by the “gifts” provided by his campaign team, or indeed by any other candidate who allegedly shared items, then the “one man, one vote” principle has been replaced by “one gift, one vote.” This represents a fundamental breach of the Political Parties Act, which requires parties to ensure internal democracy. A primary that is determined by who has the most television sets to give is not a democratic election; it is a commercial transaction.

The Root of Corruption and the NDC Brand

The sharing of gifts during elections represents one of the roots of corruption that destroys our nation. When candidates buy their way into Parliament, they enter the chamber not as servants of the people, but as investors seeking a return. This “moneyocracy” creates a cycle of debt and patronage that prevents fair, capable citizens from seeking office.

The NDC currently stands as one of the most attractive and principled alternatives for a Ghanaian electorate desperate for a “Reset.” The leadership of John Dramani Mahama has promised a government of integrity. To fulfill this promise, the party must demonstrate that its own house is clean. If the NDC allows a tainted result to stand in Ayawaso East, it forfeits the moral high ground to criticize the corruption of its opponents. The goodwill of the party is tied to its willingness to sacrifice a tainted victory for a principled rerun.

Practical Advice

For political parties seeking to maintain electoral integrity and public trust, several key principles emerge from this situation:

1. **Establish Clear Gift-Giving Policies**: Parties must implement and enforce strict guidelines prohibiting the distribution of valuable items to delegates during primaries.

2. **Strengthen Internal Oversight**: Independent monitoring committees should be established to oversee primary elections and investigate allegations of misconduct.

3. **Promote Transparency**: All campaign financing and expenditures should be disclosed and subject to public scrutiny.

4. **Educate Delegates**: Party members must understand that accepting gifts in exchange for votes undermines democratic principles and the legitimacy of elected representatives.

5. **Swift Action on Violations**: When violations occur, parties must act decisively to protect their integrity, even if it means sacrificing short-term electoral advantages.

FAQ

Conclusion

The Ayawaso East parliamentary primary controversy presents the National Democratic Congress with a defining moment that will shape its future credibility and public trust. President Mahama’s administrative recall of the High Commissioner demonstrates recognition of the seriousness of the situation, but true electoral justice requires more comprehensive action.

Frank Quaye’s call for nullification and rerun represents not merely a legal argument but a moral imperative for a party that has positioned itself as the standard-bearer for integrity in Ghanaian politics. The decision before the NDC leadership is stark: protect short-term interests by accepting a tainted victory, or uphold democratic principles by sacrificing that victory for the greater good of the party and the nation.

Ghana’s democracy depends not only on the conduct of general elections but on the integrity of internal party processes that determine who represents citizens at all levels of government. The NDC has an opportunity to demonstrate leadership by example, showing that it values the principles of fair competition and genuine representation over the expediency of questionable victories.

The path forward requires courage, transparency, and an unwavering commitment to the democratic ideals that the party claims to champion. Only by taking decisive action to address the Ayawaso East situation can the NDC truly protect its integrity and goodwill, and position itself as the principled alternative that Ghanaians seek in their quest for genuine political reform.

Sources

– Representation of the People Law, 1992 (PNDCL 284)
– Article 55(5) of the 1992 Constitution of Ghana
– Political Parties Act, 2000 (Act 574)
– Luguterah v. Interim Electoral Commission [1971] 1 GLR 109
– Life Pulse Daily report on NDC Ayawaso East primary controversy
– Official statement regarding recall of Ghana’s High Commissioner to Nigeria

*Note: This article is based on publicly available information and legal analysis. The views expressed represent the perspective of legal activist Frank Quaye and do not necessarily reflect the official position of any political party or organization.*