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A former Speaker of Parliament and a member of the governing New Patriotic Party’s Council of Elders, Professor Aaron Michael Oquaye, has raised concerns over the Electoral Commission’s (EC) decision to organise the 2024 elections without using indelible ink.

The EC boss, Jean Adukwei Mensa, in a press conference said it was considering abolishing the Indelible Ink system because the Commission had enough verification systems in place.

However, both the governing NPP and the opposition National Democratic Congress (NDC) are asking the EC not to implement the proposal.

In a debate on the floor of Parliament for instance, the MP for South Dayi, Rockson-Nelson Dafeamekpor said that per the 1992 Constitution, the use of the indelible ink was necessary for the smooth conduct of elections, and its removal is a breach, citing Article 51.

Article 51 of Ghana’s 1992 constitution states: “51. The Electoral Commission shall, by constitutional instrument, make regulations for the effective performance of its functions under this Constitution or any other law, and in particular, for the registration of voters, the conduct of public elections and referenda, including provision for voting by proxy. 52. There shall be in every region and district a representative of the Electoral Commission who shall perform such functions as shall be assigned to him by the Commission.“

In an exclusive interview with 3News, Professor Oquaye said it is imperative for the Electoral Commission to tread cautiously on this because nobody is above the law.

“Definitely when we are used to something and you want to change it, you must change it cautiously….and in fact, I have had the opportunity to tell the Electoral Commissioner this and that is a personal feeling and especially in an atmosphere where we don’t trust each other very much, I will go cautiously….otherwise, people might think that there is something untoward being planned,” he noted.

Professor Oquaye cited a similar case before the 2016 election when the then EC boss, Charlotte Osei, said he warned she could go to jail if she tried recounting votes against the provisions in the law.

“In the last election that brought President Akufo-Addo to power, I was the Chairman of the Constitutional and Legal Committee of the NPP, Madam Charlotte announce on TV… that if she saw that the voting was that close, she would ask for a recount to determine all controversies; I in my capacity wrote her a letter …….that ‘you have no such power….‘the laws are clear…….so I advised the young woman, you dare not do that. If you do it, you’ll go to jail. Nobody is above the law, whether you are EC Chairman or whatever or even a Minister. In fact, even the President. You can be found liable and jailed…..we are under the law….if you want to be beyond the law, go and live in the wilderness, alone,” he asserted.

She further advised the EC Chair to allow the indelible ink to pass until the country has built enough trust around our electoral systems.

”If I had my own will, unless the trust is built and there’s consensus on it, the little money that we’ll spend on the ink,….Afterall, in our local parlance, we say that plenty fish don’t spoil the soup”

By Beatrice Claire Adu|3News