[ 2016-11-11 ]

EC's ballot recount decision act of illegality – Mike Oquaye
A former Deputy Speaker of Parliament says the
decision by the Electoral Commission (EC) to
recount the presidential ballot if the results are
close would be a lawless act.

Professor Mike Oquaye says the C.I.94, the law
governing the 2016 general elections, does not
sanction such a decision and has urged the EC to
drop the idea forthright.

“The conduct of the election shall be regulated
by law [and] the EC cannot operate outside the
parameters of the law otherwise it would be a
recipe for constitutional crisis,” he said.

Speaking to Raymond Acquah, host of Joy FM’s Top
Story programme Thursday, Prof. Ocquaye said the
Commission has to be careful not to engage in acts
that flout the Constitution.

EC boss, Charlotte Osei had disclosed during an
interview with BBC’s Akwasi Sarpong that the
Commission would order a recount of the
presidential ballot if the results were close.

She came under intense criticism by sections of
Ghanaians who believe the decision was not in sync
with conventions in the country.

The EC Chairperson reiterated the decision when
she addressed section of the media at an
Editors’ Forum in Accra, Thursday.

She explained that as part of international
practice, when an election is too close, it is
important to call for a ballot recount to
safeguard the results.
This, she said forms part of the discretionary
powers the Returning Officer enjoys under the
law.

“It is better to be safer than sorry,” she
said adding, the Commission does not understand
why such a noble idea has generated debate in the
country.

But the Chairman of Legal and Constitutional
Committee of the New Patriotic Party (NPP) has
said the Commission might be inviting needless
lawsuits if it goes ahead with the decision.

Prof Ocquaye said the C.I.94 which is in
possession of all the political parties has
clearly stipulated conditions under a ballot can
be ordered and persons who are entitled to do so
and the Commission is not one of them.

“C.I.94 Regulation 38 sub-regulation (4) says
the Candidate himself or a representative may ask
for a recount of the ballot papers at a polling
station," he said, a second recount could be
demanded if the candidate is dissatisfied with the
first count.

He explained the second recount could be done
after the Returning Officer has sanctioned it and
it would be done at the Constituency Collation
Center.

"The EC boss cannot by herself recount the ballot
else it would be an act of illegality," he said,
adding, the essence of the C.I.94 is to guard
against actions that would not protect the
integrity of the elections.

Progressive People's Party (PPP) Policy Advisor,
Kofi Asamoah cautioned the Commission to be wary
of the way it is handling processes of the
December 7 polls.

He was emphatic that, "Everything that the EC
wants to do must be backed by regulations passed
by Parliament and what the constitution says."
He claimed the Commission's decision smacks of a
deliberate attempt to favor some candidates in the
polls.

"First of all we don't have a definition of
closeness," Mr Asamoah said, adding the EC must
not exercise a discretionary power it does not
have.

Source - Joyfm

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