A legal practitioner and lecturer at the Ghana institute of Management and Public Administration (GIMPA), Dr. Rainer Akumperigya, has tagged the current Electoral Commission as an illegality and a threat to democracy.
Dr. Rainer, expressing his opinion on the decision of the EC that caused it to omit some communities from participating in voting their Member of Parliament in the just ended 2020 elections slammed the Jean Mensa led EC, says, “I am pained that an apparently established democracy like Ghana is having a national conversation whether sections of communities in Ghana can decide who their MP is”.
The electoral commission took a decision on 6th December, 2020 that prevented the people of Lolobi and Akpafu from partaking in the parliamentary elections but only presidential. This was because the EC made these communities part of the electoral areas under the Hohoe Constituency in the Hohoe Municipality of the Volta Region in the electoral cycle, but assigned them to Jasikan District in the Voters Register, which automatically took them out of the Hohoe Constituency. This didn’t sit well with the residents, leading to the EC disenfranchising them in the parliamentary elections.
On Dr. Rainer’s Facebook wall where he showcases his legal prowess not just only in the lecturer hall or court, by consistently enlightening his followers and other Facebook users on legal issues, remarked that; “Whether a constituency exists is a question both of law and fact. Lolobi and Akpafu communities have no constituency of their own and could not have voted for an MP in a non-existent constituency. They cannot do so now retrospectively. The law on the creation of a constituency and voting in the Parliamentary election is prospective, not retrospective. This position of the law remains the same whether a constituency was promised, anticipated and never delivered by the EC”, he said.
In the post, he queried; “The main question therefore is whether the lolobi and Akpafu people had the right to vote in the Parliamentary election in the 2020 election. The Answer, of course, is yes. Yes because the right to vote both in the presidential and parliamentary elections is fundamental constitutional right. No one can take it away”. The EC did through a grand scheme of deception”, he revealed.
He also reiterated that despite the conclusion of Election 2020 the people of these two communities can still express their rights by voting in parliamentary .
“Can the people of lolobi and Akpafu still exercise this right now? YES. the answer to this is to trace where their presidential votes were allocated to. How the EC does this is up to them. They made their bed, let them lie on it. By whatever means, this egregious constitutional breach and anomaly MUST be remedied before 7th January, 2021”.
Prior to why he previously criticized the Supreme court and what he makes of the current EC, Rainer said “this is to be expected. When the Supreme Court decided that the EC can, in wholesale, deprive every Ghanaian’s accrued right to vote only to re-establish same through C. I. 127, that was the point Jean Mensah attained immortality. The court, like I criticized following the decision, took for granted the fact that the EC’s independence is for it to do what is right in the eyes of the law, not what it wishes”.
“And I have no hesitation to say that, this EC, on the basis of it’s conduct in this election is an illegality and an existential threat to our democracy. Illegal entities should not only be questioned on basis of their existence in law in form but in substance as well”, the post stated.
See the full post below:
Rainer Akumperigya:
Whether a constituency exists is a question both of law and fact. Lolobi and Akpafu communities have no constituency of their own and could not have voted for an MP in a non-existent constituency. They cannot do so now retrospectively. The law on the creation of a constituency and voting in the Parliamentary election is prospective, not retrospective. This position of the law remains the same whether a constituency was promised, anticipated and never delivered by the EC.
The main question therefore is whether the lolobi and Akpafu people had the right to vote in the Parliamentary election in the 2020 election. The Answer, of course, is yes. Yes because the right to vote both in the presidential and parliamentary elections is fundamental constitutional right. No one can take it away. But the EC did through a grand scheme of deception.
Does this right still exist despite the purported conclusion of election 2020?. Yes. Yes because the people of lolobi and Akpafu acquired an accrued right prior to election 2020. Accrued rights are not diminished or defeated simply because a state organ like the EC acts unlawfully.
Can the people of lolobi and Akpafu still exercise this right now? YES. the answer to this is to trace where their presidential votes were allocated to. How the EC does this is up to them. They made their bed, let them lie on it. By whatever means, this egregious constitutional breach and anomaly MUST be remedied before 7th January, 2021.
I am pained that an apparently established democracy like Ghana is having a national conversation whether sections of communities in Ghana can decide who their MP is.
But this is to be expected. When the Supreme Court decided that the EC can, in wholesale, deprive every Ghanaian’s accrued right to vote only to re-establish same through C. I. 127, that was the point Jean Mensah attained immortality. The court, like I criticized following the decision, took for granted the fact that the EC’s independence is for it to do what is right in the eyes of the law, not what it wishes.
And I have no hesitation to say that, this EC, on the basis of it’s conduct in this election is an illegality and an existential threat to our democracy. Illegal entities should not only be questioned on basis of their existence in law in form but in substance as well.
I am tempted to write on the consequences Jean Mensah faces if she doesn’t remedy lolobi and Akpafu but it’s of no consequence.
I am grateful for those kind and generous wishes and blessings on my birthday yesterday. I wish you and your families same. When I read some of the messages, I wonder if that is me. Akpe?
In the past year, I have faced several personal and professional challenges. Very daunting ones particularly from the period I contested the Parliamentary peimaires. So I am happy to be alive and healthy on my birthday. The highlight of the day was my MUM preparing my favourite TZ for me? but it was generally muted for obvious reasons. My comrades have been killed during these elections. Some are injured and lying on treatment tables. In custody arround the country, some have lost their freedom of movement and we’re seeking in most cases to get them bail. Forced charges have been brought against some of my comrades. I couldn’t genuinely celebrate under these circumstances but I am thankful and grateful for life.
Thank you all. N’pusiya?
Filed By : Agaatorne Douglas Asaah /awakenewsroom.com
