The Electoral Commission (EC) has expressed fears that the continuous delay in the amendment of the necessary constitutional provisions to allow it to conduct the general elections on November 7, 2016, could hinder the exercise.
Various groups and individuals have raised concerns about the delays barely six months to the elections.
Addressing the media after the launch of an EU Election Grant on Wednesday, the EC’s Director of Administration, Christian Owusu Parry, said the Commission has already worked out its proposal and is awaiting action by the Attorney General and Parliament.
He explained that “in this particular case, because it is an amendment of the constitution, it falls squarely within the domain of the Attorney General so the commission has already made representations to the Attorney General.”
“…It is the Attorney General that can introduce legislation in Parliament for their amendment so the commission has played its role, what is left is for the Attorney General to present a bill in Parliament,” he added.
Mr. Parry further noted that until the law is amended, the Commission cannot hold the Parliamentary election on November 7.
“Until the law is amended, we cannot hold the parliamentary election on 7th November. The constitutional provision as it stands now makes it unlawful for us to conduct parliamentary elections before 7th November and realizing the challenges of the transition arrangements there were calls for us to have the Parliamentary and Presidential elections earlier than 7th so that we will have enough time for the transition arrangement,” he added.
Parliament ready to pass bill
Meanwhile, speaking to Citi News, the Majority Leader in Parliament, Alban Bagbin said the House is ready to make the necessary amendment when it is placed before them.
“Looking at the Parliamentary calendar, we may or may not be able to pass it before the end of July. If we are unable to do that, we may either need to extend the sitting or we have to recall Parliament under emergency to pass the bill. So I anticipate that the amendment will go through. I don’t see any hitches on the way of Parliament in that direction,” he added.
What the Constitution says
According to Article 291 of the Constitution, a bill to amend a provision of the Constitution which is not an entrenched provision shall not be introduced in Parliament unless it has been published twice in the Gazette with the second publication being made at least three months after the first; and at least 10 days after the second publication.
It adds that the Speaker shall after the first reading of the bill in Parliament, refer it to the Council of State for consideration and advice, and the Council of State shall also give its advice on the bill within 30 days of receiving it.
It further states that where Parliament approves the bill, it may only be presented to the President for his assent if it was approved at its second and third readings in Parliament by the votes of at least two-thirds of all the Members of Parliament.
Additionally, it states that where the bill has been passed in accordance with this article, the President shall assent to it.
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By: Godwin A. Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin