The Member of Parliament for Suame constituency, Osei Kyei Mensah Bonsu, who was the minority leader in 2011 vehemently challenged then NDC government’s moves to procure two Airbus C-295 aircrafts for the Ghana Army.

That procurement has now been cited in a major bribery scandal involving the manufacturer, Airbus and some top Ghana officials.

The post Kyei Mensah-Bonsu explains why he opposed Airbus C-295 deal in 2011 appeared first on Citi 97.3 FM - Relevant Radio. Always.

President of Policy think tank IMANI Africa, Franklin Cudjoe, has suggested that the ex-president John Mahama’s chances of winning the 2020 elections could be affected after his administration; 2009 – 2015 was cited in a bribery scandal involving aircraft manufacturer, Airbus.

The post AUDIO: Airbus scandal will adversely affect Mahama’s 2020 campaign – Franklin Cudjoe appeared first on Citi 97.3 FM - Relevant Radio. Always.

Umaru Sanda Amadu speaks to the Director of Electoral Services at the Electoral Commission, Dr. Sereboe Quarcoo on the controversies surrounding the EC’s decison to compile a new voters’ register and also procure new biometric election devices.

The post We’ll start new voters’ registration from April 18 – EC appeared first on Citi 97.3 FM - Relevant Radio. Always.

IT Consultant to the Electoral Commission, Yaw Ofori justifies plans for new voters’ register and electoral equipment ahead of 2020 polls.

He spoke on the Citi Breakfast Show with Bernard Avle.

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This was among the major issues discussed at a meeting between officials of the EOCO and Madam Amankwaah’s lawyers after a near clash on Monday.

Officials of the Economic and Organised Crimes Office, EOCO, led by the Director, ACP K.K. Amoah, had stormed her office at the Electoral Commission to forcefully remove her from office for resuming full official duties in defiance of a directive that asked her to stay away.

The Deputy chair resisted the attempts to get her out of the office, indicating that the EC was treating her unfairly.

But following a meeting between her lawyer and officials of EOCO, it was agreed that EOCO presents its findings within 14 days.

Georgina Opoku Amankwah’s lawyer, Nana Boakye Adu-Poku, told Citi News after the meeting that, “they [EOCO] said they have conducted an investigation so we have to see the outcome of the investigation. What we have agreed is that, for now, she has to stay out for some time and after 14 days, whether the report is in or not, she will proceed to work.”

Madam Opoku Amankwah was directed to proceed on leave in July 2017, to enable investigations into the 480,000 Ghana cedis believed to have gone missing from the EC’s Senior Staff Endowment Fund.

Endowment Fund cash not in EC officials’ accounts – EOCO

In September 2017, EOCO confirmed that the money which went missing from the Electoral Commission (EC)’s Endowment Fund did not end up in the accounts of the officials of the EC under investigation.

However, the Executive Director of EOCO, K. K. Amoah, insisted that it was too early to conclude that the officials are innocent, given the mandate and access they had to the funds during the period.

EOCO commenced investigations into the activities of three officials of the EC; Georgina Opoku Amankwah, Chief Accountant, Kwaku Owusu Agyei-Larbi and Finance Officer, Joseph Kwaku Asamoah, after over 480,000 cedis went missing, resulting in the officials being asked to proceed on leave.

Speaking to Accra-based Peace FM, the Executive Director of EOCO, K. K. Amoah, stated that, investigations were far advanced into the matter, and that they were going to submit their findings to the Attorney General, which has since been done.

According to him, there have been claims that the money from the Endowment Fund was used for some projects for the EC, but he said no documents have been provided to prove this claim.

“It’s been suggested that the money was used for some work for the EC. If that’s the case, they should bring receipts and documents to prove it. We haven’t got any such documents from them. Without those documents, we’ll continue to pursue them. With time, we will pass the information on to the Attorney General to pursue the matter in court.”

K. K. Amoah also clarified that the officials under investigation were still on leave and had not been interdicted.

‘Officials assisting investigations’

The Head of Communications at the EC, Eric Kofi Dzakpasu, stated in July 2017 that the three officials proceeded on leave in order to protect the integrity of investigations by EOCO

“What I know is that, EOCO is investigating matters related to staff endowment fund where we have some gap in the deposits which must be paid to the staff from the deductions of the staff. As a result of which EOCO has started investigations and all persons who are related to the issue have been called for questioning… The commission is fully cooperating with EOCO as far as this investigation is concerned,” he said

A letter, written to the Chair of the EC, Charlotte Osei, dated July 4th, 2017 from EOCO, said “the suspects are assisting in investigations.”

–

By: Jonas Nyabor/citifmonline.com/Ghana

The post EOCO to release findings on EC’s Opoku Amankwah in 14-days appeared first on Citi 97.3 FM - Relevant Radio. Always.

This is to allow the  Economic and Organised Crime Office [EOCO], to compile its report on an investigation it carried out into the affairs of the Electoral Commission in relation to some missing sums of money in the Commission’s Endowment Fund.

Madam Opoku Amankwah was directed to proceed on leave in July 2017, to enable investigations into the GHc480,000 believed to have gone missing from the EC’s Senior Staff Endowment Fund.

[contextly_sidebar id=”cOfDdqdcnTMzvPuXw9OV8wVbx6hYacl8″]Last week, she notified the investigative body, EOCO, of her intention to resume work even though the body is yet to release findings of its investigations.

There was drama at the premises of the EC on Monday after officials from EOCO led by their Director; ACP K.K. Amoah stormed the premises of the EC after picking intelligence that Madam Amankwah, had defied the directive to her and returned to her office.

Speaking on Eyewitness News, lawyer for Madam Amankwah, Nana Boakye Adu-Poku, said although the EOCO officials stormed his client’s office in Rambo-style, they later requested for a meeting after which the 14-day grace period was agreed.

“My client came into her office resuming from her leave. She took her annual leave and came back. We had personnel from EOCO and the police come to her office, they came in a Rambo-style although she was not giving any form of force. Later they said they want to have a meeting with us. They came in more of a standoff but later asked for a meeting. They were asking for some time to come up with their report which we obliged to them. So we agreed to give them 14-days after which they will get back to us. She will stay out of office for 14 days.”

Mr. Adu-Poku noted that, his client will return to her office if they don’t receive any feedback from EOCO after the 14 days.

“After the 14 days we will know what to do. If not then she will come back,” he added.

Background

In September 2017, EOCO confirmed that the money which went missing from the Electoral Commission (EC)’s Endowment Fund did not end up in the accounts of the officials of the EC under investigation.

However, the Executive Director of EOCO, K. K. Amoah, insisted that it was too early to conclude that the officials are innocent, given the mandate and access they had to the funds during the period.

EOCO commenced investigations into the activities of three officials of the EC; Georgina Opoku Amankwah, Chief Accountant, Kwaku Owusu Agyei-Larbi and Finance Officer, Joseph Kwaku Asamoah, after over 480,000 cedis went missing, resulting in the officials being asked to proceed on leave.

Speaking to Accra-based Peace FM, the Executive Director of EOCO, K. K. Amoah, stated that, investigations were far advanced into the matter, and that they were going to submit their findings to the Attorney General, which has since been done.

According to him, there have been claims that the money from the Endowment Fund was used for some projects for the EC, but he said no documents have been provided to prove this claim.

“It’s been suggested that the money was used for some work for the EC. If that’s the case, they should bring receipts and documents to prove it. We haven’t got any such documents from them. Without those documents, we’ll continue to pursue them. With time, we will pass the information on to the Attorney General to pursue the matter in court.”

K. K. Amoah also clarified that the officials under investigation were still on leave and had not been interdicted.

‘Officials assisting investigations’

The Head of Communications at the EC, Eric Kofi Dzakpasu, stated in July 2017 that the three officials proceeded on leave in order to protect the integrity of investigations by EOCO

“What I know is that, EOCO is investigating matters related to staff endowment fund where we have some gap in the deposits which must be paid to the staff from the deductions of the staff. As a result of which EOCO has started investigations and all persons who are related to the issue have been called for questioning… The commission is fully cooperating with EOCO as far as this investigation is concerned,” he said

A letter, written to the Chair of the EC, Charlotte Osei, dated July 4th, 2017 from EOCO, said “the suspects are assisting in investigations.”

Charlotte Osei, 2 deputies facing C’ttee in ‘corruption’ probe

On December 19, 2017, the Chief Justice, Sophia Akuffo, formally constituted a committee to investigate the Chairperson of the Electoral Commission, Charlotte Osei, and her two deputies, over corruption allegations leveled against them, with a caution to the general public to desist from making demeaning comments about their work.

“The general public is hereby informed that, Her Ladyship the Chief Justice, Justice Sophia A.B. Akuffo, in accordance with Article 146 of the 1992 Constitution, has set up a five-member committee to investigate allegations brought against the Chairperson of the Electoral Commission, Mrs. Charlotte Osei, and her two deputies, Mr. Amadu Sulley and Mrs. Georgina Opopu-Amankwa.”

In a statement signed by the Judicial Secretary, Justice Alex B. Poku-Acheampong, the Chief Justice said anyone who makes comments that undermine the work of the Committee, will be cited for contempt.

In a release copied to citifmonline.com, the Judicial Secretary,  said the sittings of the Committee will be closed to the public.

The release, which failed to indicate the names of the Committee members, as well as state exactly when the Committee will start its work, said it will be chaired by a Justice of the Supreme Court.

The Petitions

Some staff of the EC petitioned President Nana Addo Dankwa Akufo-Addo in July 2017, to remove Mrs. Osei from office over allegations of fraud and financial malfeasance as well as abuse of office.

Some of the allegations involved the unilateral award of contracts by the EC boss in the run-up to the 2016 general election. The unnamed EC staff are being represented by Lawyer Maxwell Opoku-Agyemang, against Mrs. Osei.

The petition against her, alleged among others the funneling of GH¢3.9 million to partition an office, the receipt of a Toyota Land Cruiser from the Mahama government, and the use of about $14 million when the Public Procurement Authority had authorized her to use only $7.5 million.

Charlotte Osei takes on Deputies

Mrs. Osei also responded by making allegations of corruption against her deputies, claiming that she was only being hounded because she sought to introduce systems to curb misuse and mismanagement of resources.

Charlotte Osei among other claims, accused deputy Chairperson of the Commission of illegally signing contracts  worth over GHC 40 million without her approval.

Fresh impeachment against EC Chair

Subsequently, another individual by name Douglas Seidu, a concerned Ghanaian, also petitioned the President in August 2017, seeking the removal of the EC Chair, on grounds of “financial misconduct, incompetence, conflict of interest, breaches of the public procurement processes, amongst others.

It is an eight-paged petition” according to the Director of Communications at the Presidency, Eugene Arhin, who spoke to Citi News in August.

President Akufo-Addo in accordance with the constitution forwarded both petitions to the Chief Justice to look into the matter.

Suggestions are that both petitions have been consolidated to make the Committee’s work easier.

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post EC’s Opoku Amankwah to stay home for 14-days after ‘clash’ with EOCO appeared first on Citi 97.3 FM - Relevant Radio. Always.

Already, some members of the opposition National Democratic Congress (NDC), have started criticizing the process, accusing the government of seeking to hound the EC Boss, Charlotte Osei.

The three officials met the Chief Justice a week ago, where they were notified that a prima facie case had been established against them.

“The general public is hereby informed that, Her Ladyship the Chief Justice, Justice Sophia A.B. Akuffo, in accordance with Article 146 of the 1992 Constitution, has set up a five-member committee to investigate allegations brought against the Chairperson of the Electoral Commission, Mrs. Charlotte Osei, and her two deputies, Mr. Amadu Sulley and Mrs. Georgina Opopu-Amankwa.”

In a statement signed by the Judicial Secretary, Justice Alex B. Poku-Acheampong, the Chief Justice said anyone who makes comments that undermine the work of the Committee, will be cited for contempt.

[contextly_sidebar id=”zeSXB6dNDTk7bFN2aRTENavynwyhO0Qq”]In a release copied to citifmonline.com, the Judicial Secretary,  said the sittings of the Committee will be closed to the public.

The release, which failed to indicate the names of the Committee members, as well as state exactly when the Committee will start its work, said it will be chaired by a Justice of the Supreme Court.

“The Committee, which will sit in camera, in line with normal practice, consists of three (3) Justices of the Superior Court appointed by the Judicial Council, and two (2) other persons appointed by the Chief Justice, on the advise of the Council of State. The Committee is chaired by a Justice of the Supreme Court.”

“It is the expectation of the Chief Justice and the Judicial Council that the public will treat the Committee with the respect and dignity it deserves, as it carries out its constitutional duty and refrain from making comments that will undermine the work of the Committee, since infractions may amount to contempt.”

The Petitions

Some staff of the EC petitioned President Nana Addo Dankwa Akufo-Addo in July 2017, to remove Mrs. Osei from office over allegations of fraud and financial malfeasance as well as abuse of office.

Some of the allegations involved the unilateral award of contracts by the EC boss in the run-up to the 2016 general election.

The unnamed EC staff are being represented by Lawyer Maxwell Opoku-Agyemang, against Mrs. Osei.

The petition against her, alleged among others the funneling of GH¢3.9 million to partition an office, the receipt of a Toyota Land Cruiser from the Mahama government, and the use of about $14 million when the Public Procurement Authority had authorized her to use only $7.5 million.

Charlotte Osei takes on Deputies

Mrs. Osei also responded by making allegations of corruption against her deputies, claiming that she was only being hounded because she sought to introduce systems to curb misuse and mismanagement of resources.

Charlotte Osei among other claims, accused deputy Chairperson of the Commission of illegally signing contracts worth over GHC 40 million without her approval.

Fresh impeachment against EC Chair

Subsequently, another individual by name Douglas Seidu, a concerned Ghanaian, also petitioned the President in August 2017, seeking the removal of the EC Chair, on grounds of “financial misconduct, incompetence, conflict of interest, breaches of the public procurement processes, amongst others.

It is an eight-paged petition” according to the Director of Communications at the Presidency, Eugene Arhin, who spoke to Citi News in August.

President Akufo-Addo in accordance with the constitution forwarded both petitions to the Chief Justice to look into the matter.

Suggestions are that both petitions have been consolidated to make the Committee’s work easier.

Charlotte Osei could remain in office during corruption probe – Lawyer

Meanwhile, a private legal practitioner, Yaw Oppong, has suggested that Charlotte Osei could remain in her position while the process takes place.

The Chief Justice and the Judicial Council, may now recommend to the President of the Republic, the suspension of the EC Chair from her position, to enable her undergo the hearing.

However, according to Yaw Oppong, unless it is established that her continued stay in office would compromise the investigations, Charlotte Osei could be allowed to remain in her position while she and her deputies are probed.

“In my view, unless it can be seen that the person who is the subject of such an investigation is capable of interfering with the investigation process in terms of suspected cases of concealment of documentary or other forms of information, otherwise I think those persons can still occupy their position,” he said on Eyewitness News.

Yaw Oppong added that, even if the President accepts the recommendation of the Judicial Council and suspends the EC Chair, he could, at any time, reinstate her should he feel the need to do so.

“If the President is of the view that any useful purpose will be served by the person who is the subject of this investigation stepping aside or being suspended in the meantime [he can do so]. But at the same time, Clause 11 says that the President may at any time revoke the suspension under this Article. Perhaps it may be used, but if any purpose may be served by the person being brought back to the position, the President has the power to do so,” he explained.

President not bound by recommendations

Yaw Oppong also suggested that, the President may not be compelled to implement the recommendations of the Judicial Council should they call for the suspension of Charlotte Osei.

Citing a similar case in which the Supreme Court ruled that the President was not bound by the advice of the Council of State, Yaw Oppong stated that, it was however vital that the President is seen to have sought the advice of the Judicial Council on the issue, as stated by the Constitution.

“It doesn’t appear that the President may be bound by the advice [of the Judicial Council]. What it really means is that, there should be evidence that the President at least sought the advise of the Judicial Council. And I think that any prudent President, and so far we’ve had prudent presidents, will act on the advise of the Judicial Council,” he said.

“Unless that president may want to also violate the Constitution, which, so far our President has done well not to. He’s complied essentially with the provisions that have come up for compliance.”

–

By: Jonas Nyabor/citifmonline.com/Ghana

The post Avoid contempt against C’ttee probing EC officials – CJ warns appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to him, the Commission needs to be “smart” and tactful to ensure a successful implementation of the law.

[contextly_sidebar id=”jUlcxyrcR1mTPyIENmLSUoQBEXOHyrJm”]The Accra High Court on Monday ordered the EC to implement the ROPAA which was passed in 2006 and sought to empower eligible Ghanaians outside the country to vote in national elections.

The law has, however, not been implemented by successive governments, leaving many Ghanaians abroad disenfranchised.

Albert Arhin, who is also the National Coordinator for the Coalition of Domestic Election Observers (CODEO) in an interview on Eyewitness News said the decision of the court was welcome and will deepen the country’s democratic credentials. 

“To some of us, especially CODEO, it is good news. It is a good verdict, it enhances democracy because you don’t need to disenfranchise anybody… with this verdict, the Commission has to be very smart and careful to revisit the whole thing. They need to have a Constitutional Instrument to back it,” he said.

He argued that it was long overdue for the Electoral Commission to embrace the opportunity of extending voting to citizens outside the country.

“In other African countries, their Electoral Commission is doing it, and I think that our Electoral Commission has developed into a state where we should be able to do a thing like this. The others who are doing it are not better than the Electoral Commission we have here. We should be able to learn from best practices and be able to implement this. It is not beyond us.”

The Electoral Commission had argued that its failure not to allow Ghanaians outside the country case their ballots during national elections was due logistical and financial constraints but according to Mr. Arhin, the EC on its own cannot suggest it does not have adequate funds to support voting by Ghanaians living outside the country.

He said the EC must request for funding from the government who would then decide whether to allocate some money to the Commission for this purpose.

“The EC cannot say it does not have funding. It should be the government that says it does not have funds for the EC. You [EC] must prepare your budget and present it to government and if the government tells you it has no funding then you can tell Ghanaians that this is what I did and they said there is no money. But you cannot sit there on your own and say there is no money,” he said.

He further urged the Commission to begin preparations towards the implementation of the law for the country’s 2020 general elections.

‘Diffulcult to implement ROPAA’

Mr. Arhin’s comments come after suggestions from the National Organiser of the NDC, Kofi Adams, that the implementation of the Act will be difficult.

According to him the difficulties that political parties face in mobilizing and deploying officers to monitor electoral processes will be compounded by the implementation of the law.

“Of course the issues that we raised are still very relevant today. The fact still remains that political parties registered in Ghana here still have challenges to monitor the political processes even within Ghana so now you are going to follow every Ghanaian everywhere. Is the Electoral Commission going to now resource and support political parties to make sure that they reach everywhere there will be a Ghanaian to campaign and to track the process or in other words to present party agents? We still insist that the law as it is, is very difficult to implement.”

–

By: Jonas Nyabor/citifmonline.com/Ghana

The post EC capable of implementing ROPAA – CODEO appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Court, presided over by His Lordship Justice Anthony K. Yeboah, on Monday ordered the Electoral Commission (EC) to implement the law within 12 months.

[contextly_sidebar id=”9fY1VbjAQb9kMlERqTs20f2m3X7QN1R9″]Kofi Adams, however, told Citi News the difficulties that political parties face in mobilizing and deploying officers to monitor electoral processes will be compounded by an implementation of the law.

“Of course the issues that we raised are still very relevant today. The fact still remains that political parties registered in Ghana here still have challenges to monitor the political processes even within Ghana so now you are going to follow every Ghanaian everywhere. Is the Electoral Commission going to now resource and support political parties to make sure that they reach everywhere there will be a Ghanaian to campaign and to track the process or in other words to present party agents? We still insist that the law as it is, is very difficult to implement.”

We’re excited about judgement 

Despite Mr. Adams’ concerns, the New Patriotic Party’s Branch Acting Organiser in the United States, Issa Balla Saeed, told Citi News that both the party and the Ghanaian community are happy about the judgment.

“The NPP members in particular and Ghanaians in general were very excited about this. I should say this has been out there for some time during Kufuor’s administration. Both NPP and Ghanaians, in general, are happy about the judgement.”

Court’s ruling

Delivering the judgement, Justice Anthony Yeboah said the EC had for the last ten years breached the rights of Ghanaians living abroad by failing to give them an opportunity to vote.

He thus condemned the EC’s failure to address challenges preventing Ghanaians living abroad from voting, and specifically asked them to ensure that arrangements are made for such people to vote in the 2020 elections.

He said the ROPAA law was passed by Parliament, and that the EC can cause the same Parliament to approve funding for them for the implementation.

The ROPAA law seeks to empower eligible Ghanaians abroad to vote in national elections. Successive governments have failed to ensure its implementation, since its passage in 2006.

The applicants were praying the court to declare a violation of their human rights with the non-implementation of the law, and a subsequent order for them to take part in general elections and national referenda while residing abroad.

EC’s arguments

The Electoral Commission at the last hearing prayed the court to allow it prove it was in the process of implementing the law, but failed to provide enough evidence to that effect.

The EC primarily argued that, it had plans to implement the law and should not be compelled to do so.

It also challenged the process by which the applicants invoked the court’s jurisdiction as wrong, while insisting that the right to vote is not a human right.

State Attorneys representing the 2nd Respondent in court had at the start of the case also told the court that they will associate themselves with arguments of lawyers of the 1st Respondent (EC), throughout the entire process.

The case was originally filed in 2016, but withdrawn ahead of the elections and refiled after the elections.

The applicants are Kofi A. Boateng, Nellie Kemevor, Obed Danquah, Christiana Sillim and Agyenim Boateng, all residing in New York State and Kentucky in the USA.

Reliefs as spelt out by the applicants are listed below:

The Applicants who are all members of the Progressive Alliance Movement (PAM) a New York State incorporated nonprofit organization, were seeking from the Court “a Declaration that Applicants have fundamental human rights under Articles 17(2), 42 and 33(5), of the 1992 Constitution of the Republic of Ghana, the Representation of the People (Amendment) Act 2006 [Act 699] Article 13 of the African Charter on Human and People’s Rights, Article 25 of The International Covenant on Civil and Political Rights, Article 21 of the Universal Declaration of Human Rights and Protocol 1 (article 3) of the European Convention on Human Rights

a) “to be registered as voter[s]” while resident abroad and being outside the jurisdiction of the Republic of Ghana, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

b) to be issued voters Identity Cards “to enable” them “to vote in public elections and referenda” while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centres close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

c) “to vote in public elections and referenda” particularly Presidential and Parliamentary elections while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centres close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

d) A Declaration that the non-compliance of 1st Respondent in particular to operationalize the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

e) A Declaration 2nd Respondent’s failure, neglect or refusal to uphold/ensure full compliance/operationalization of the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

f) A Declaration that each of the Applicant’s “right to vote and entitle[ment] to be registered as a voter for the purposes of public elections and referenda” in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;

g) A Declaration that it is discriminatory for Respondents particularly 1st Respondent to continue to register abroad and ensure that a category of citizens studying abroad or working in Ghana’s Missions/Embassies abroad vote in public elections and referenda while in abroad to exclusion of the Applicants.

h) An Order of mandamus directed at Respondents particularly 1st Respondent to forthwith, uphold/ensure full compliance/operationalisation of the Act 699.

–

By: Marian Ansah/citifmonline.com/Ghana

The post Implementation of ROPAA will be difficult – Kofi Adams appeared first on Citi 97.3 FM - Relevant Radio. Always.

Justice Anthony Yeboah said the EC had for the last ten years breached the rights of Ghanaians living abroad by failing to give them an opportunity to vote.

He thus condemned the EC’s failure to address challenges preventing Ghanaians living abroad from voting, and specifically asked them to ensure that arrangements are made for such people to vote in the 2020 elections.

He said the ROPAA law was passed by Parliament, and that the EC can cause the same Parliament to approve funding for them to ensure the implementation.

The ROPAA law seeks to empower eligible Ghanaians abroad to vote in national elections. Successive governments have failed to ensure its implementation, since its passage in 2006.

The applicants were praying the court to declare a violation of their human rights with the non-implementation of the law, and a subsequent order for them to take part in general elections and national referenda while residing abroad.

EC’s arguments

The Electoral Commission at the last hearing prayed the court to allow it prove it was in the process of implementing the law, but failed to provide enough evidence to that effect.

The EC, primarily argued that, it had plans to implement the law and should not be compelled to do so.

It also challenged the process by which the applicants invoked the court’s jurisdiction as wrong, while insisting that the right to vote is not a human right.

State Attorneys representing the 2nd Respondent in court had at the start of the case also told the court that they will associate themselves with arguments of lawyers of the 1st Respondent (EC), throughout the entire process.

The case was originally filed in 2016, but withdrawn ahead of the elections and refiled after the elections.

The applicants are Kofi A. Boateng, Nellie Kemevor, Obed Danquah, Christiana Sillim and Agyenim Boateng, all residing in New York State and Kentucky in the USA.

Reliefs as spelt out by the applicants are listed below :

The Applicants who are all members of the Progressive Alliance Movement (PAM) a New York State incorporated nonprofit organization, were seeking from the Court “a Declaration that Applicants have fundamental human rights under Articles 17(2), 42 and 33(5), of the 1992 Constitution of the Republic of Ghana, the Representation of the People (Amendment) Act 2006 [Act 699] Article 13 of the African Charter on Human and People’s Rights, Article 25 of The International Covenant on Civil and Political Rights, Article 21 of the Universal Declaration of Human Rights and Protocol 1 (article 3) of the European Convention on Human Rights

a) “to be registered as voter[s]” while resident abroad and being outside the jurisdiction of the Republic of Ghana, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

b) to be issued voters Identity Cards “to enable” them “to vote in public elections and referenda” while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

c) “to vote in public elections and referenda” particularly Presidential and Parliamentary elections while resident abroad and being outside the jurisdiction of the Republic of Ghana at the time of such elections, and doing so from/at their places of residence abroad or designated centers close to their places of residence abroad or from/at the Ghana Mission/Embassy within their jurisdiction abroad;

d) A Declaration that the non-compliance of 1st Respondent in particular to operationalize the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

e) A Declaration 2nd Respondent’s failure, neglect or refusal to uphold/ensure full compliance/operationalization of the Act 699 since same became law on the 24th day of February 2006 is a breach of Applicants’ fundamental rights under said various laws and legal instruments;

f) A Declaration that each of the Applicant’s “right to vote and entitle[ment] to be registered as a voter for the purposes of public elections and referenda” in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;

g) A Declaration that it is discriminatory for Respondents particularly 1st Respondent to continue to register abroad and ensure that a category of citizens studying abroad or working in Ghana’s Missions/Embassies abroad vote in public elections and referenda while in abroad to exclusion of the Applicants.

h) An Order of mandamus directed at Respondents particularly 1st Respondent to forthwith, uphold/ensure full compliance/operationalisation of the Act 699.

–

By: Marian Ansah & Fred Djabanor/citifmonline.com/Ghana
Follow @EfeAnsah

The post Court orders EC to implement ROPAA in 12 months appeared first on Citi 97.3 FM - Relevant Radio. Always.