ELECTION DATE TO CHANGE TO NOVEMBER 7

Barring any last minute hitch and subject to
the Supreme Court of Ghana’s decisions in a
legal suit challenging processes leading to the
review of the 1992 Constitution, the next
presidential and parliamentary elections
would be held on November 7 instead of
December 7, The al-Hajj can confirm.
Constitutional law experts and astute election
watchers who spoke to this paper revealed that
should the apex court of the land rule
otherwise in the case challenging the review
process, the Electoral Commission (EC) was
likely to fix November 7, 2016 as Election Day
after the review process by Parliament.
According to the experts,although the
Constitutional Review Commission (CRC)
recommend that elections should be held
between October and November or, not less than
sixty days before the swearing in of a new
administration; government’s White Paper has
settled on November 7.
The CRC last year made recommendations
regarding the review of the 1992 Constitution
after touring the whole country to solicit views
on the review process.
The Commission, among other things,
recommends that instead of December 7,
parliamentary and presidential elections
should be held concurrently sixty days before
the swearing in of a new government on
January 7.
“The purpose of these recommendations is to
regulate better the manner in which districts
and constituencies are created; draw the time
for parliamentary elections backwards so that
they may be held together with the presidential
elections within sixty (60) days before the
inauguration of a new government; make the
transfer of power from one administration to
the other generally smoother; and amend the
Rules of Court to limit interlocutory
applications, adjournments and delays in
electoral disputes to ensure disposal of such
cases within a period of six (6) months,” the
commission stated.
The commission’s report was subsequently
endorsed by government in an official white
paper which was signed by late President John
Evans Atta Mills and gazette on June 15, 2012.
However, the review process has been halted as
a result of an action at the Supreme Court of
Ghana by a US-based Ghanaian law professor,
Kwaku Asare , seeking the nullification of the
constitution review process.
While some of the recommendations and
proposals are to be subject to a vote at a
referendum, Prof. Asare says, “Professor
Dankwah and his so-called Constitution Review
Implementation Committee have no power
under the laws of Ghana to schedule a
referendum and/or to amend the Constitution
of Ghana.”
The Supreme Court is yet to making a ruling on
the legal issues raised by the US based
Ghanaian law Professor.
Ghanaians especially governance experts have
been calling for the change of the election
calendar from the usual date of 7th December
to a date that would give EC enough time to
manoeuvre and conduct run-off should the
need arises.
The shifting of the date would also give the
incoming winner of the election, especially the
President-elect ample time to form his/her
government.