The Electoral Commission has reaffirmed its stance regarding the directive it issued on December 6, 2020, regarding the exclusion of Santrokofi, Apkafu, Lolobi, and Lipke (SALL) areas from that year’s parliamentary elections.
The Commission in a statement, on May 15, 2024, addressed the allegations made by Franklin Cudjoe, President of IMANI Africa, regarding the disenfranchisement of voters in the Guan Constituency (SALL) during the 2020 parliamentary elections.
“In spite of the Electoral Commission’s Press Statement on 15th May 2024, backed by documents, refuting the false and unfounded allegations by the President of Imani to the effect that, the Commission disenfranchised voters in the Guan Constituency (SALL), Franklin Cudjoe has continued to misinform and mislead the public by making reference to a public statement issued by the Commission on 6th December 2020. We note also that other citizens, such as Prof. Kwaku Asare, have also made reference to the 6th December 2020 statement issued by the Commission.”
The Commission explained that the Guan District was established by Legislative Instrument 2416, which came into effect on November 9, 2020, just before Parliament went on recess.
“When the Guan District was created out of the Jasikan District as per Legislative Instrument 2416, by the operation of law, voters in the new Guan District could not vote for an MP in the Buem Constituency of the Jasikan District Assembly. Doing so would have violated Act 936.”
Consequently, the Constitutional Instrument necessary to create the Guan Constituency could not be laid before Parliament in time for the December 7, 2020 elections.
“The Electoral Commission has a constitutional mandate to create constituencies and educate and inform citizens about the specific constituencies in which they are legally allowed to vote.”
The Commission clarified that this situation was not of its making and that it was bound by law to prevent voters in the newly created Guan District from voting in the Buem Constituency to avoid legal violations.
“As explained in our previous statement, given that the Legislative Instrument that created the Guan District came into force on 9th November 2020, the same day Parliament went on recess, and with Parliament only returning from recess on 14th December 2020, that is, after the General Elections, the Constitutional Instrument creating the Guan Constituency could not be laid before Parliament, in time for it to mature into law before the Parliamentary Election on 7th December 2020.”
“That situation was not the creation of the Electoral Commission. The Commission did not create the Guan District neither was it consulted when decision was taken to create the Guan District.”
“The Commission did not and does not determine the calendar of Parliament”.
They reiterated that had the Commission allowed SALL residents to vote in the Buem Constituency, it would have violated both the Local Governance Act and the 1992 Constitution, resulting in an MP being a member of two District Assemblies.
“However, the Commission had the constitutional mandate to inform voters in SALL and the general public that by the operation of law, voters in the Guan District could not vote for an MP in the Buem Constituency which falls under the Jasikan District.”
The Commission urged the public to dismiss the misinformation propagated by Franklin Cudjoe and other critics, reaffirming its commitment to upholding electoral integrity and ensuring that all actions are in accordance with legal provisions.
Below is the press release:
INABILITY OF SALL (GUAN CONSTITUENCY) TO VOTE IN THE 2020 PARLIAMENTARY ELECTION- PUBLIC EDUCATION
