EC is an independent body but subject to the laws of this country – Ayine

A former Deputy Attorney-General Dr Dominic Ayine has said that the Electoral Commission must recognize that although they are an independent body, they operate under the constitution.

To that end, he said, the commission must provide the provisional voter register to the political parties as required by Constitutional Instrument (C.I) 91.

C.I 91, he said, mandates the commission to present the provisional register to the registered political parties for the perusal and corrections if need be.

This is exactly what the National Democratic Congress (NDC) has been demanding, he said.

Speaking on the Key Points on TV3 on Saturday, September 28, the Bogatang East lawmaker said “The EC has not denied that the errors have not occurred, The admission that the errors have occurred, in and of themselves, shows that the IT system is not robust.

“The EC is independent under the constitution but as Ggadebe JSC said in the Abu Ramadan and the Attorney-General case, the EC is independent but it is subject to the constitution and the laws of this country.

“If you look at the CI 91 that is the Public Election, Voter Registration Instrument 2016, there is a mandate provision to the effect that the provisional register should be given to each registered political party. It is for no reason that parliament enacted the law that says that you have to give a copy of the provisional register to the political parties. The provisional register is not a photo album meant to be given to them for them to just look at beautiful pictures of registered voters, it is meant to be given to them so that they can peruse the register and carefully detect, if possible any mistakes that have been made with respect to the register and that is what the NDC is doing.”

Meanwhile, a Deputy Chairman of the Electoral Commission (EC), Dr Bossman Asare, has said that the final voter register will be made available in the month of October.

Prior to the printing of the document, the political parties will be given copies to assess it, he said. Dr Bossman Asare said this in an interview with TV3’s Kemini Amanor on the Hot Issues on Sunday, September 29.

He further said that it was premature for the National Democratic Congress (NDC) to make a request for a forensic audit of the voter register.

He revealed that all the concerns of the NDC against the register have been resolved.

His comment follows the concerns that have been raised against the appointment of some of the commission members who are believed to be sympathetic towards the governing New Patriotic Party (NPP), by President Nana Addo Dankwa Akufo-Addo.

For instance, a Retired Justice of the Supreme Court, William Atuguba accused President Akufo-Addo of appointing his stooges to the Commission.

To him, it was unfair for the president to have done so.

“Their appointment, is it fair and candid? If it is true that most of them are politically exposed is that a fair and candid way of doing it? Should they themselves have even accepted that appointment? we are not serious and that is why we are suffering so much, people just enjoy the power without looking at the constraints hedging the power around.”

Asked whether the EC has lost trust in the eyes of the public while speaking, Dr Bossman Asare said “we don’t need you to trust us as individuals, trust us as an institution.”

Regarding the call by the National Democratic Congress for a forensic audit of the voter register, he indicated that the request was premature.

“As I speak to you I can say on authority that all the problems identified by the NDC have been resolved. [But] for you to be double sure that your concerns have been addressed, come to the discussion table and bring your issue. The reality is that it is premature for you to make a request for a forensic audit.”