Former Speaker of Parliament and member of the governing New Patriotic Party’s (NPP) Council of Elders, Professor Aaron Michael Oquaye, has expressed concerns regarding the potential negative consequences of the upcoming general elections if the Electoral Commission (EC) proceeds with its proposal to eliminate the use of indelible ink.
Professor Oquaye emphasized the need for caution on the part of the Electoral Commission, indicating that the decision to abandon indelible ink should be approached carefully.
The EC Chairperson, Jean Mensa, had announced in a press conference that the Commission is contemplating discontinuing the use of indelible ink, citing confidence in the verification systems they have implemented.
In an exclusive interview with 3News’ Beatrice Adu, Professor Michael Oquaye highlighted the importance of the Electoral Commission exercising caution in this matter, underscoring the principle that nobody is above the law.
“Definitely, when we are used to something and you want to change it, you must change it cautiously….and in fact, I have had the opportunity to tell the Electoral Commissioner this and that is a personal feeling and especially in an atmosphere where we don’t trust each other very much, I will go cautiously….otherwise people might think that there is something untoward being planned,” he explained.
Professor Aaron Michael Oquaye cited a previous case that occurred before the 2016 general election. At that time, Charllotte Osei served as the Chairperson of the Electoral Commission.
Professor Oquaye claimed that he had warned her about the possibility of facing legal consequences, including the prospect of imprisonment, if she attempted to recount votes in violation of the provisions laid out in the law.
“In the last election that brought President Akufo Addo to power, I was the chairman of the Constitutional and Legal Committee of the NPP, Madam Charlotte announce on TV… that if she saw that the voting was that close, she would ask for a re-count to determine all controversies; I in my capacity wrote her a letter …….that ‘you have no such power….‘the laws are clear…….so I advised the young woman, you dare not do that. If you do it, you’ll go to jail. Nobody is above the law, whether you are EC chairman or whatever or even a Minister. In fact, even the President. You can be found liable and jailed…..we are under the law….if you want to be beyond the law, go and live in the wilderness, alone ”
He further advised the EC Chair to allow the use of indelible ink until the country has built enough trust around our electoral systems.
”If I had my own will, unless the trust is built and there’s consensus on it, the little money that we’ll spend on the ink,….Afterall, in our local parlance, we say that plenty fish don’t spoil the soup.”
Both the governing New Patriotic Party (NPP) and the opposition National Democratic Congress (NDC) have voiced their opposition to the Electoral Commission’s proposal to eliminate the use of indelible ink.
During a parliamentary debate, Rockson Nelson Dafeamekpor, the Member of Parliament for South Dayi, representing the opposition NDC, argued that the use of indelible ink is mandated by the 1992 Constitution for the proper and smooth conduct of elections. He contended that removing the use of indelible ink would constitute a breach of the constitution, specifically citing Article 51.
Article 51 of Ghana’s 1992 constitution states “51 The Electoral Commission shall, by constitutional instrument, make regulations for the effective performance of its functions under this Constitution or any other law, and in particular, for the registration of voters, the conduct of public elections and referenda, including provision for voting by proxy. 52 There shall be in every region and district a representative of the Electoral Commission who shall perform such functions as shall be assigned to him by the Commission
