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The recent internal parliamentary election of the National Democratic Congress (NDC) at Ayawaso East, supervised by Ghana’s Electoral Commission (EC), has once again raised uncomfortable but necessary questions about the integrity of Ghana’s electoral governance architecture.

Reports of vote buying, open inducement of delegates, and the brazen monetization of internal democracy are not merely embarrassing for a political party; they represent a systemic failure in electoral oversight.

At the center of this controversy stands the Electoral Commission of Ghana, the constitutional body entrusted under Article 45 of the 1992 Constitution with the responsibility to conduct and supervise public elections and referenda, and to regulate the conduct of political parties.

The issue before us is not partisan; it is institutional. When elections under the EC’s supervision are marred by blatant irregularities, the question becomes unavoidable: has the Commission discharged its constitutional mandate with the diligence and competence required?

The Constitutional Expectation of the EC

The first principle is straightforward. The EC is not merely an administrative facilitator of ballot casting. It is constitutionally mandated to ensure that elections are free, fair, and transparent.

This obligation is not conditional, selective, or episodic. It applies “at all times” to elections under its supervision. Whether the election is presidential, parliamentary, district-level, or internal party primaries conducted under its authority, the constitutional expectation remains the same: integrity must be safeguarded.

Free and fair elections do not begin and end with the physical act of voting. They encompass the entire electoral cycle which includes, nomination procedures, campaign conduct, voter education, monitoring of compliance with rules, enforcement against malpractice, counting, declaration, and dispute resolution.

If vote buying occurs openly and systematically during a supervised internal election, it cannot be dismissed as merely a “party problem.” It becomes a failure of institutional oversight.

Election Management Is More Than Election Day

Effective election management extends far beyond the logistics of election day. Modern electoral governance frameworks recognize the “electoral cycle approach,” which includes pre-election regulation, monitoring campaign finance, enforcement of codes of conduct, voter roll integrity, and post-election dispute mechanisms.

An electoral commission that limits its role to ballot box management while neglecting pre-election malpractice abdicates a substantial portion of its responsibility. Vote buying and voter inducement are not spontaneous phenomena that occur in secrecy beyond the reach of regulators.

They often take place in broad daylight, embedded in campaign activities. If such practices are widespread in an election supervised by the EC, it suggests weak enforcement mechanisms, inadequate monitoring protocols, or an institutional reluctance to intervene decisively.

The integrity of an election cannot be judged solely by the absence of violence at polling stations or the orderly counting of ballots. It must also be measured by the fairness of the competitive environment preceding the vote.

Why the EC Must Regulate Intra-Party Elections

Some may argue that internal party elections are private matters and that responsibility for discipline rests primarily with the party. This argument collapses upon constitutional scrutiny. Political parties in Ghana are not private clubs; they are constitutionally recognized public institutions that play a central role in democratic governance.

Article 55 of the Constitution mandates that political parties operate in accordance with democratic principles. The body charged with regulating and supervising that compliance is the EC. Given that elections encompass nomination rules, campaign standards, and compliance monitoring, the EC cannot credibly supervise intra-party elections without possessing and exercising regulatory authority over them.

To do otherwise is to reduce its role to a mere technical contractor. If the EC conducts or supervises an internal parliamentary primary, it must also ensure that inducements, bribery, and other distortions of delegate choice are curtailed through enforceable regulations and credible sanctions. The logic is simple: authority without enforcement is hollow. If the EC does not assert comprehensive oversight over intra-party electoral conduct, then supervision becomes symbolic rather than substantive.

Institutional Accountability and the Question of Blame

Is the EC avoiding its constitutional responsibilities by allowing political parties to absorb public criticism for electoral malpractice? There is a growing perception that this may be the case. It is convenient to describe vote buying in primaries as “a party culture problem.”

While parties certainly bear moral and political responsibility for the conduct of their members, the regulatory responsibility lies elsewhere when the EC is formally supervising the process. An electoral management body cannot claim credit for peaceful elections while disclaiming responsibility for systemic malpractice within the same elections.

Institutional accountability requires consistency. If the EC is the referee, then it must accept that ensuring the integrity of the game includes policing infractions. Delegating blame entirely to political parties undermines the principle of independent electoral oversight and risks eroding public confidence in the Commission.

The EC as the Primary Guardian of Electoral Integrity

It is reasonable, indeed unavoidable, to argue that the EC is the primary institution responsible for safeguarding electoral integrity in Ghana. The courts adjudicate disputes; political parties mobilize participation; civil society monitors and advocates; but the constitutional mandate to conduct and supervise elections rests squarely with the Commission.

Without a credible EC, democratic competition degenerates into transactional politics. The integrity of Ghana’s democratic system depends less on rhetorical commitments and more on the operational strength of its electoral institutions. If vote buying becomes normalized in elections under EC supervision, the long-term consequence is corrosive: candidates begin to treat political office as an investment to be recouped, citizens lose faith in meritocratic selection, and governance outcomes deteriorate.

Why the NDC Could Not Annul the Results

Despite the irregularities reported, the NDC could not unilaterally annul the election results without undermining constitutional governance. Once an election is conducted under the formal supervision of the EC, the results assume a quasi-public character. The legal authority to declare, invalidate, or order a rerun does not reside with the political party alone.

If the party were to overturn results without due constitutional or judicial process, it would set a dangerous precedent, which can effectively privatize electoral adjudication and weaken the authority of the EC and the judiciary. To annul results arbitrarily would not strengthen democracy; it would deepen institutional confusion.

The appropriate channel for redress is formal petition and judicial review, not unilateral party action. Thus, while the NDC may bear reputational damage from the allegations, its inability to cancel the election underscores the constitutional centrality of the EC in electoral governance.

Toward Improved Electoral Oversight

The controversy highlights the urgent need for reforms. First, the EC must adopt stronger pre-election enforcement mechanisms, including binding codes of conduct with real sanctions. Second, transparent monitoring systems — possibly involving independent observers during internal primaries — should be institutionalized.

Third, clearer regulations on campaign financing and inducements within intra-party elections must be developed and strictly applied. Finally, public reporting on compliance breaches should become standard practice, reinforcing deterrence. Beyond regulatory reform, the Commission must recommit to its constitutional ethos: neutrality, firmness, and proactive enforcement. Electoral integrity is not self-executing; it requires institutional courage.

Conclusion

The recent NDC parliamentary primary controversy is not merely a party affair. It is a stress test of Ghana’s electoral governance system. The Electoral Commission of Ghana is constitutionally obligated to guarantee free, fair, and transparent elections at all times.

Effective election management extends far beyond election day logistics. Regulatory authority over intra-party elections must be substantive, not symbolic. Shifting blame entirely onto political parties risks diluting institutional accountability.

Ultimately, the EC remains the primary guardian of electoral integrity in Ghana. If electoral malpractice becomes normalized under its supervision, public trust will erode — not only in parties but in the democratic system itself.

The path forward requires institutional introspection, regulatory strengthening, and an unwavering commitment to constitutional responsibility. Ghana’s democracy deserves nothing less.

 

By Prof. Michael Kpessa-Whyte