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Reverse Administrative Directive on the use of Indelible Ink

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Jean Mensa, EC Chairperson

The National Democratic Congress (NDC) Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor has given the Electoral Commission of Ghana (EC) a 7-day ultimatum to reverse the decision to exclude the use of indelible ink in Ghana’s electoral authentication process.

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According to him, the refusal to include “indelible ink” in the District Level Election (DLE) process violated Ghana’s electoral laws.

“Therefore, the administrative directive to your staff, to blatantly ignore the lawful requirement of the use of the indelible ink much in blatant breach of the very succinct statutory procedure outlined in CI 127, 2020, by Parliament pursuant to article 51 of the Constitution, 1992, has violently breached the material provision(s) copiously referenced supra.”

The EC has declared that indelible ink will no longer be required in the electoral process. Indelible ink, a semi-permanent pigment typically applied to voters’ fingertips to signal the exercise of their franchise and prevent double voting, has been phased out.

Jean Mensa, the EC Chair, revealed the decision at a news conference before the district-level election on December 19. She clarified that the decision is part of the Commission’s efforts to strengthen Ghana’s election process.

But Mr Dafeamekpor argues that the decision by the EC amounted to a unilateral repeal of Constitutional Instrument 127, 2020, without the input of Parliament, thereby usurping legislative powers.

“By this letter therefore, I demand that you reverse within 7 days, upon receipt of this letter, the said administrative directive unlawfully removing the use of the indelible ink as part of our electoral authentication process as it undoubtedly amounts to a unilateral REPEAL of Regulation 33, sub-regulation 2, Paragraph (c) of Constitutional Instrument 127, 2020 without any recourse to Parliament, the only Constitutionally mandated organ of state so to do. That is tantamount to the usurpation of the legislative powers of Parliament of Ghana,” – the lawmaker posited.

The MP hinted at using all available legal remedies, including punitive sanctions under Regulation 45 of CI 127, if the EC Chair fails to comply with his ultimatum.

“Be assured that if you fail to heed this request, I shall employ every other lawful remediable steps available to me without any further recourse to you including but not limited to the invocation of the penal sanctions contained in Regulation 45 of CI 127 against you and your staff(s),” – he warned.

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