The Electoral Commission (EC) has refuted allegations made by Franklin Cudjoe, the president of IMANI Africa, regarding the disenfranchisement of the people of Santrokofi, Apkafu, Lolobi, and Lipke (SALL).
In a statement issued on Wednesday, May 15, the EC clarified that it did not disenfranchise the people in the newly established Guan Constituency.
The EC emphasized that it followed all legal procedures in creating the constituency and did not disenfranchise anyone in the process.
The EC has provided the facts surrounding the inability of the residents of SALL now the Guan Constituency, to vote in the 2020 Parliamentary Election.
1. The Legislative Instrument (L. I. 2416) which created the Guan District (SALL) was laid in Parliament on the 6th of October, 2020 by the Ministry of Local Government and Rural Development (MLGRD). It matured on the 9th of November, 2020, roughly a month to the 2020 General Elections.
2. Parliament went on recess on the 9th of November, 2020, the same day the L.I. creating the Guan District matured and returned on the 14th of December, 2020, one week after the 2020 General Elections.
3. On the 10th of November 2020, the Electoral Commission received a letter from the Ministry of Local Government and Rural Development informing it of the creation of the Guan District (SALL). The letter requested the Commission to take steps to create a new Constituency.
4. The Commission drafted a new Constitutional Instrument (C.I.) to bring into force the Guan Constituency and forwarded the draft C.I. to the Attorney General’s Department for its review on the 13th of November, 2020 as required by law.
5. It is important to state that for a C.I. to mature and come into force, the law requires the Electoral Commission to lay the C.I. in Parliament for twenty-one (21) sitting days. This means that Parliament should be in session during the twenty-one (21) day period when the C.I. is laid.
6. With Parliament on recess, the Commission could not lay the C.I. to bring the Guan Constituency into effect as required by law.
7. The question is, how could the Commission proceed to create a new Constituency when Parliament was on recess and when the law required the Commission to lay the C.I. before Parliament for twenty-one (21) sitting days?