NDC's demand for voters' register audit unwarranted, must be rejected

Henry Nana Boakye, National Organiser of the governing New Patriotic Party (NPP) has strongly criticised the National Democratic Congress (NDC) for its call for a forensic audit of the voter register, labelling it as “unwarranted, empty, and must be rejected.”

In a Facebook post on Tuesday, Nana Boakye emphasised that the NDC has failed to provide any legal basis for its demand that the Electoral Commission (EC) cede its constitutional mandate to a third party.

Boakye highlighted that Article 45 of the 1992 Constitution and Section 2 of the Electoral Commission Act, 1993 (Act 451), exclusively confer on the EC the authority to compile the electoral register and supervise all elections.

He further noted that Article 46 of the Constitution and Section 3 of Act 451 guarantee the independence of the EC, ensuring it is not subject to the direction or control of any other person or authority.

Citing several Supreme Court cases, including Philip Kwaku Apaloo (2010), Ransford France (2012), Abu Ramadan Series (No. 1 and 2), and NDC v AG (2020), Boakye underscored that the Court has consistently upheld the independence of the EC.

He pointed out that the EC has the sole discretion to choose among multiple options in the performance of its functions, and no one, not even the Courts, can compel otherwise unless the decision is unconstitutional.

Nana Boakye also indicated that the EC’s current practice of working with political parties to address concerns has been in place throughout the Fourth Republic, resulting in five successful elections.

He argued that the NDC’s insistence on involving a third party in the EC’s constitutional mandate breaches the Commission’s independence, especially since the EC has consistently engaged parties at the Inter-Party Advisory Committee (IPAC) and worked to resolve any issues.

Boakye asserted that while the EC may engage stakeholders in its functions, this engagement does not confer a right to dictate the choices the EC makes in executing its constitutional mandate.

He called for the rejection of the NDC’s call for a forensic audit, reaffirming the EC’s independence and authority.