Is the Electoral Commission (EC) of Ghana demonstrating a deliberate distortion of the law or they are simply plagued with the influx of inept lawyers? Could it also be a reflection of an institution blinded by its frantic desire to manipulate the system for a selfish agenda? Why are they subjecting Ghana to a crossroad of “make or break” for its future?
Now, in the matter of “the ECs attempt to justify the exclusion of the Current Voter ID Card as a prerequisite for qualification to register as a Voter”, I learnt the Supreme Court gave an order for the EC to come back with its legal basis for the decision to exclude same (Current Voters ID Card).
The EC returned to Court yesterday 8th of June and this was the statememnt it made to give legal basis to its decision to exclude the Voters ID Card
The Electoral Commission (EC) was reported to have said. “The underlying legal reasons for its decision not to include the existing voter’s Identification Card (ID) in its upcoming registration exercise is because the Supreme Court itself has held that the register is reasonably not credible and that by implication, the cards issued pursuant to it are also reasonably not credible”. Interesting! Isn’t it?
My simple question is that, if the register was declared incredible by the courts, what was the basis for its fallibility? Was it because the Courts and the EC claimed “the register is incredible because the National Health Insurance Scheme(NHIS) Card was used to compile the register and acquire the Voters’ ID”? Again, was NHIS Card the only document used for the compilation of the register and acquisition of the Current Voters ID cards? If not, what then happens to the status of the Current Voters ID Cards acquired with Birth Certificates, Passports and Driver Licenses?
No wonder, Ghana is at a crossroads of make or break for its future subjected to by a recalcitrant Electoral Commissioner. Ghana must live and it shall live beyond the machinations!
Before I make this point, let me state emphatically that I am not a lawyer. I am just being inquisitive. Yes, inquisitive about the relevance of the “Principles of Retrospection in Law”. I thought by this principle, legislations passed today do not take retrospective effect. In other words, if a law is passed today criminalizing the stealing of cassava, it does not catch a thief who stole cassava yesterday, I stand to be corrected.
So if the NHIS Card was used in 2012 and at the time it was legal, why should a law made today, to nullifying the use of such document take a retrospective effect? Why?
Indeed, if it is within a reasonable remit to go back and nullify the legitimacy of the Voters ID Card because it was birthed by the NHIS Card, then it stands to reason again that, all elections that were birthed by the “illegitimate Voters ID Card”, including the one that made Akufo Addo a president must also stand annulled.
Why should this simple logic be difficult to conceive? Is it the case that, the EC for some reasons, has decided to shift from the stands of impartiality?
Again, the supreme Court itself is drawing so much public suspicion onto itself, fuelled by the way some of the issues were handled. I heard a loud murmuring among the public seeking to know the reason behind the Supreme Courts’ order, asking the EC to come back with the legal basis for the exclusion of the Current Voters ID Card from the requirements for registration.
The public thinks that, if the EC tabled a defence, and among the items no legal basis for their decision was found, why not just pronounce judgement against a limping EC defence? Allegedly, what the Supreme Court did was akin to the case of a lecturer who, wishing to favour a student tells him to go and correct his script to resubmit for marking. Unfair Negative Discrimination according to Sociological Principles.
I only hope that, the Supreme Court will protect its integrity by upholding the constitution and further compel the EC to grant every Ghanaian citizen the opportunity to exercise his/her franchise according to the law. Thank you.
SHAMS