ELECTIONS 2012 - Friedrich-Ebert-Stiftung Ghana 2012.pdfThe publication of the 2012 election results...

ELECTIONS2012

i

CONTENTS

List of Tables & FiguresAcronymsForeword

CHAPTER 1:The Electoral System Of Ghana

CHAPTER 2: Elections 2012

CHAPTER 3: The Political Science Analysis Of Election 2012

Bibliography

CHAPTER 4: The Election Petition

Constituency Results Details - Presidential

Detailed Parliamentary Election Results

CHAPTER 5: Conclusions And Recommendations

iiiv

vii

1

13

47

79

83

109

125

227

ii

E L E C T I O N S 2 0 1 2

iii

LIST OF TABLES AND FIGURE

Table 1: Donor Support Election 2012Table 2: Registration Statistics By Age And GenderTable 3: Foreign Registration Statistics Table 4: Statistics – Exhibition Of The Voters RegisterTable 5: Statistics – Final Voters Register 2012Table 6: National Recruitment Of Election Officials Table 7: 2012 Presidential Election ResultsTable 8: Presidential Results Votes Of The NDC And NPP

Since 1992 ElectionsTable 9: Exisiting And Newly Created Parliamenetary

Seats By RegionsTable 10: Seats Contested And Won By Political PartiesTable 11: Number Of Seats Contested By Independents

CandidatesTable 12: Recorded Skirt And Blouse Votes.

Figure 1: Foreign Registration Statistics

iv

E L E C T I O N S 2 0 1 2

v

ACRONYMS

1. ABISS Automatic Biometric Identification System2. ACDEG African Charter On Democracy, Elections And Governance3. AFISS Automatic Fingerprints Identification System4. BVD Biometric Verification Device5. BVR Biometric Voter Registration6. CEDEP Centre For The Development Of People7. CDD Centre For Democracy And Development8. CFI Civic Forum Initiative9. CHRAJ Commission Of Human Rights And Administrative Justice10. C.I Constitutional Instrument11. CODEO Coalition Of Domestic Election Observers12. CPP Convention People’s Party13. CRC Constitutional Review Commission14. CSOs Civil Society Organizations15. DFID Department For International Development16. DPP Democratic People’s Party17. DRRC District Registration Review Committee18. EC Electoral Commission19. ECOWAS Economic Community Of West African States20. EU European Union21. FM Frequency Modulation22. FOs Face Only 23. FPTP First Past The Post24. GCPP Great Consolidated Pupolar Party

vi

E L E C T I O N S 2 0 1 2

25. GFP Ghana Freedom Party26. GIMPA Ghana Institute Of Management And Public Administration27. IDEG Institute Of Democratic Governance28. IEA Institutte Of Economic Affairs29. IPP Independent People’s Party30. JSC Justice Of The Supreme Court31. NDC National Democratic Congress32. NDP National Democratic Party33. NGOs Non-Governmental Organizations34. NPP New Patriotic Party35. NVNV No Verification No Vote36. OIC Opportunity Industraliazation Centre37. PDGG Protocol On Democracy And Good Governance38. PNC People’s National Convention39. PNDCL Provisional National Defence Council Law40. PPP Progressive People’s Party41. PWDs Persons With Disability42. SMCD Supreme Military Council Decree43. SMS Short Message System44. STL Super Tech Limited45. UNDP United Nations Development Programme46. UFP United Front Party47. URP United Reneisance Party 48. USAID United States Agency For International Development49. USA United States Of America50. WANEP West African Network For Peace Building51. YPP Yes People’s Party 52. KEEA Komenda Edina Eguafo Abrem 53. NVP New Vision Party54. SHS Senior High School55. TEIN Tertiary Institution Network 56. TESCON Tertiary Education and Students Confederacy

vii

FOREWORD

Ghana’s democratic and electoral governance have experienced some positive developments over the past years, albeit, at a slower pace. Central to the process of electoral governance is people participation. The effective role of the state institutions mandated by law to carry out such responsibilities is imperative. Under Ghana’s fourth republic, the Electoral Commission (EC) has played critical role and continues to contribute to the consolidation of Ghana’s democracy through the organisation of timely and credible elections. Since 1992, the Electoral Commission has organised six (6) successful presidential and parliamentary elections.

After every election since 2000, the Electoral Commission and the Friedrich Ebert Stiftung, Ghana, publishes both the presidential and parliamentary election results. The results are made much more accessible by the general public through the publication. Over the years, aside the provision of the raw election results data and the preparations before, during and after the elections by the EC, the publication comes with interesting critical political science analysis as to what factors, for example, led to party A winning and B losing.

The publication of the 2012 election results experienced some delay due to the election petition case which was novel in Ghana’s constitutional and democratic practice. Though the election petition case upheld the declaration of the electoral commission, the court made very interesting recommendations for consideration by the electoral commission and

viii

other election management stakeholders for the improvement of the electoral governance of the country.

This publication has five chapters. The chapters deal with election management issues in Ghana, the developments around election 2012, the political science analysis of the elections, an exclusive analysis of the election petition case and conclusions and recommendations. Ghana prepares for another crucial election in 2016, and it is hoped that the lessons of 2012 and the recommendations by the Supreme Court and other well meaning organisations and Ghanaians will be taken into consideration by the relevant election management bodies for a free, fair, transparent and credible elections.

I wish to acknowledge the role of the Research Department of the Electoral Commission as well as the Director of election for making this publication a reality.

Fritz Kopsieker

Resident DirectorFriedrich Ebert Stiftung - Ghana

E L E C T I O N S 2 0 1 2

1.1 Introduction

Since 7th of January 1993, Ghana has been operating the 1992 Constitution. This Constitution was brought into force following an elaborate process that involved local and regional level consultations; technical considerations by a Committee of Experts; deliberations of a quite inclusive National Consultative Assembly; and a National Referendum.

The Constitution creates some compromise between the Westminster and the American Presidential systems of government (the hybrid system), with at least one- half of all Ministers of State coming from Parliament. The Consultative Assembly that drafted the 1992 constitution prescribed a Simple Plurality Electoral System based on the absolute majority for presidential and the First Past the Post (FPTP) formula for the conduct of public elections including that to Parliament in Ghana.

1

THE ELECTORAL SYSTEM OF GHANA

01

Electoral Commission of Ghana

1.2 Legal Framework

One of the fundamental principles underlying Ghana’s political system is Universal Adult Suffrage and this means that, every adult citizen has the right to participate either personally or through an elected representative in the making of the decisions that affect his/her life. Consequently the 1992 constitution provided for the creation of an Electoral Commission which shall have the responsibility of;

• Creatingtheconstituenciesandelectoralareas,whichformthebasisfor electing the people’s representatives.

• Compilingthevoters’register,andrevisingitatsuchperiodsasmaybe determined by law; which will facilitate the holding of public elections.

• Conductingandsupervisingallpublicelectionsandreferenda.

The Constitution is the main statute that regulates election administration in Ghana; however, the constitution also mandates the Electoral Commission to make regulations in the form of Constitutional Instruments (C.I) for election management. There are two sets of electoral laws, those that were in force before the 1992 Constitution i.e. the PNDC Laws and those that were enacted after the 1992 Constitution and the Constitutional Instruments.

Provisions under Article 49 of the 1992 Constitution deal with elections in general however; it is the Constitutional Instruments (C.Is) that regulate elections in Ghana.

• Voting is voluntary; theConstitution ofGhana provides that everycitizen of voting age and of sound mind has the right to vote.

• ReviewofthelawsandregulationofGhanashowsthatthereisno

2

E L E C T I O N S 2 0 1 2

law that bars women or any group of people from participating in political, administrative, social and economic life of the country. In principle women and any marginalized group are free to take up any position of power and be engaged in public office.

1.3 Constitutional Provisions

• Article 47 empowers the Commission to divide the country intoparliamentary constituencies.

• Article 51 mandates the Commission to make regulations for theeffective performance of its functions.

• Article55(6)makestheCommissionresponsiblefortheregistrationofpolitical parties.

• Article63(2)assignstheCommissiontheresponsibilityforsettingthedate for presidential elections.

• Article89(1)empowerstheCommissiontomakeregulationsforandsupervise the election of the regional representatives to the Council of State.

• Article 290(4) requires the Commission to hold a referendum inconnection with a bill to amend an entrenched provision of the Constitution.

1.4 Legislations

In addition to the functions assigned to the Electoral Commission in the Constitution, Parliament may by law, give the Commission other responsibilities.

3

T H E E L E C T O R A L S Y S T E M O F G H A N A

• ThePoliticalPartiesACT,2000(ACT.574)

a) The Act confers on the Electoral Commission the power to register or cancel the registration of a political party and the circumstances under which this power may be exercised.

b) The law further makes the Electoral Commission responsible for supervising the election of the national and regional officers of registered political parties.

• Public and Political Party Office Holders (Declaration ofAssets andEligibility)Law,(PNDCL280)

a) The law requires political party office holders to submit their declaration of assets forms to the Commission.

• RepresentationofthePeople’sLaw,1992(PNDCL284)

a) Sections 5 & 6 empower the Electoral Commission to register the following categories of Ghanaian citizens living abroad. Persons in the service of Ghana or on government duty and their spouses; persons in the service of United Nations or any other International Organization and their spouses.

b) Section 11(5) empowers the Commission to make regulations prescribing the procedure and conditions for the nomination of candidates, what declaration are to be made and how much deposit is to be paid by candidates.

c) Article 42 of the 1992 Constitution states “every citizen of Ghana of eighteen (18) years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purpose of election and referenda”. This right has been effected since the 1992 democratic dispensation in Ghana. However,

4

E L E C T I O N S 2 0 1 2

citizens who live abroad have not benefited from this right except citizens (and their spouses) employed in a post outside Ghana in the service of the Republic, the United Nations or any other international organization who were entitled to vote outside Ghana.

This was absolutely disproportionate which led to the repeal of section 8(1) of PNDCL 284 with section 1 (b) of the Representation of People (Amendment) Act 2006 ( Act 699) is allow Ghanaians abroad eligible to vote. It must be noted that, the provisions of this amendment have not been effected.

• LocalGovernmentACT,1993,(ACT462)

a) Section 1 (3), (4) and (5) requires the Commission, when directed by the President, to make recommendations in connections with the creation of a new district.

b) Section 2 requires the Commission, upon a request by the President, to review the areas of authority of district, municipal or metropolitan assemblies and unit committees.

c) Section 9 provides that 25% of the registered voters in an electoral area may petition the Electoral Commission for a recall of their assembly member. Upon receipt of such a petition, the Commission is required to conduct a referendum to decide the issue.

1.5 TheElectoralCommission

The Electoral Commission is one of the governance institutions provided under the 1992 Constitution. The Commission was established by the Electoral Commission Act (Act 451) of 1993. It was set up purposely to manage the conduct of all public elections and to handle all matters

5


directly related to the conduct of elections in the country. It is made up of 7 members – a Chairman, 2 deputy Chairmen and 4 other members.

Members of the Electoral Commission shall be appointed by the President of Ghana on the advice of the Council of State. A person shall be appointed a member of the Electoral Commission only if he/she is qualified to be elected as a Member of Parliament. The Commission has administrative and regulatory powers. It meets regularly to make policies for implementation on day-to-day basis by the Chairman and his two Deputy Chairmen.

1.6 IndependenceoftheCommission

• Article46ofthe1992constitutionprovidesthat”intheperformanceof its functions, the Electoral Commission shall not be subject to the control or direction of any authority” except as provided in the Constitution or any other law not inconsistent with the Constitution.

• TheChairmanandthetwodeputyChairmenhavepermanenttenureof office and enjoy the same conditions of service as justices of the Superior Courts.

• The Commission has the power to hire and fire staff and is notunder any obligation to accept staff from any quarters, apart from the Accountant Generals Office and the Supply & Stores Department under the Ministry of Finance.

1.7 Membership

Dr. Kwadwo Afari-Gyan: (born 18 June 1945), is the chair of the Electoral Commission of Ghana. He is a Ghanaian Academic, Political Scientist and an Election Administrator. Dr. Kwadwo Afari-Gyan attended Achimota School and Adisadel College for his Ordinary and Advanced Level Certificates. He subsequently enrolled in the University of Ghana,

6

E L E C T I O N S 2 0 1 2

graduating in 1967 with a Bachelor of Arts degree in Philosophy.

He went on to study for a Master of Arts degree in African politics in 1969 from the same university. In 1974, he earned a PhD in Political Science from the University of California, Santa Barbara. After successful periods of work as a Professor of Political Science in Universities in Ghana, Nigeria and the United States, Dr. Afari-Gyan was appointed as a member of the Committee of Experts that drafted the Fourth Republican Constitution for Ghana.

In 1992, he was appointed Deputy Chairman of the Interim National Electoral Commission. With the coming into force of the Fourth Republican Constitution, a new Electoral Commission was set up and Afari-Gyan became its first substantive chairman. He has supervised all public elections in Ghana since the coming to force of the 1992 Constitution of Ghana. These have included the presidential and parliamentary elections in 1992, 1996, 2000, 2004, 2008 and 2012.

Kwadwo Sarfo-Kantanka: Deputy Chairman in charge of Operations, received his Bachelor of Laws degree from the University of Ghana, Legon. He was in private legal practice before he was appointed in 1995 to replace the late Justice Dixion Afreh who was appointed an Appeal Court Judge.

Mr. Kwadwo Sarfo Kantanka officially went on retirement in 2013 and Madam Georgina Opoku Amankwaa was appointed by the President of the Republic to replace him.

Amadu Sulley: He attended Ghana National School in Cape Coast for his Elementary school Education. He went to Accra Academy and Opoku Ware schools for his Ordinary and Advanced Level school Certificates. He continued to the University of Ghana where he read Diploma in Statistics in 1985. He read his Post Graduate Certificate and Diploma in Public Administration in GIMPA in 1993 and 1995 respectively.

7


His project work was on the “Ghanaian Electoral System and Transparent Elections.” He also read Project Administration and Management in Copenhagen Business College in Denmark. His Project Work was “An Improvement in the Communication of Election results in Ghana”. This was due to the challenges which came up in the transmission and Communication of Election Results in Ghana during the 1996 General Elections.

Mr. Sulley Amadu is a full fledge BRIDGE facilitator. He also facilitated the senior training of electoral officers on the Basic, Intermediate and Advanced courses in Professional Election Administration.

Mr. Sulley Amadu has a long term involvement in election management issues and has held numerous posts within the Ghana Electoral Commission since 1985. He is the first career officer in the history of the Electoral Commission to be appointed to an executive position i.e. Deputy Chairman in the Electoral Commission in 2012.

He has a particular interest in the delimitation of Electoral Boundaries, Voter and Civil registration. He has participated in International Election Management projects in Namibia, Kosovo, East Timo, Liberia, Gambia and Zanzibar. He was a member of Commonwealth Expert Team for the by-election in Pemba, Zanzibar, United Republic of Tanzania in 2003.

He also served on a team of Expert on a Fact Finding Mission on the Presidential Election in 2011 in Gambia directed by the President of ECOWAS.

Mrs. Pauline Adobea Dadzawa: A proud old girl of Wesley Girls High School, holds a Bachelor of Arts Degree in French and Spanish from the University of Ghana Legon, and a Master’s degree in Public Sector Management from GIMPA (the Ghana Institute of Management and Public Administration).

8

E L E C T I O N S 2 0 1 2

She also possesses a diploma certificate in Spanish from DIE University, Madrid Spain. She speaks French and Spanish fluently. She has worked for over a decade in the hospitality industry doubling as a Human Resource Practitioner.

For the past decade, she has worked as a Deputy Director of Ghana Cocoa Board heading the Public Affairs department and subsequently Head of the Training school of the Quality Control Division.

As a member of the Electoral Commission of Ghana since 2004, she has intermittently been part of the ECOWAS team, as well as that of Commonwealth observation missions in several countries in Africa such as Guinea Bissau, Togo, Sierra Leone, Tanzania, and Mali.

Mr. Aggrey Fynn holds a Bachelor of Arts degree in Sociology with Political Science and a Master of Business Administration in Marketing from the University of Ghana, Legon. He has considerable experience in Industry and Social Work.

Mrs. Rebecca Kabukie Adjalo is a Senior State Attorney at the Attorney-General’s Department and Ministry of Justice. Mrs. Rebecca Kabukie Adjalo is a member of the Electoral Commission responsible for the Western Region.

Hajia Sa-Adatu Maida obtained her Teacher’s Certificate ‘A’ Level from the Bolgatanga Women’s Training College in September 1978. She graduated from the University of Education Winneba with a Bachelor of Education in August, 1999.

She proceeded to Brandies University in Massachusset USA on Ford Foundation Scholarship and was awarded a Master’s Degree in Sustainable International Development in May 2008. At the Brandies University, she participated in team research on Democracy, Conflict and co-existence in West Africa and also taught creative writing classes for Lifelong Learning Programmes.

9


Hajia Maida was a Senior Project Consultant at the West African Network for Peace Building (WANEP) in Tamale. At WANEP, she managed the Ghana Alert Project and was part of a team that reviewed indicators for the implementation of early warning database for the use of various NGOs and Civil Society Organizations. As a trainer, she conducted training for several NGO’s including Women in Peace Building and Queen Mothers in the Northern Region.

She also worked for UNDP as a Recovery Programme Manager in the Tamale Field office. The programme was in conjunction with Ghana government to increase national support in disaster management and reduction introduced in 2010. Being a professional teacher, she taught in various schools in Tamale including the Zion Primary School and the Islamic Senior High School. She is an experienced tutor who held several positions in the Educational Sector to the rank of Assistant Director of Education in 2004.

She worked with the Opportunities Industrialization Center International (OICI) in Ghana as a Credit Officer, and also a Community Facilitator who offered training programmes on methods on post-harvest loses, Credit Management and Bookkeeping Enterprise for Women. She also received Certificates of Honour and Appreciation at the Brandies University and the University of Education, Winneba in various capacities.

1.8 Functions

In addition to the three main functions mentioned as per Article 45 of the 1992 Constitution, the Commission has other responsibilities which include issuance of voter identity cards to voters, education of Ghanaian voters on the electoral process and its purpose, designing and implementation of programmes which will lead to the expansion of voter registration, ensuring safe custody of all election materials and performing such other functions as may be prescribed by law.

10

E L E C T I O N S 2 0 1 2

The Electoral Commission performs other statutory functions which include conducting and supervising elections for various bodies in Ghana;

• Electionoffive(5)membersfromeachofthetenRegionalHousesofChiefs to the National House of Chiefs.

• Election of the President and Vice-President respectively of theNational House of Chiefs.

• ElectionoftheExecutiveofficersoftheGhanaMedicalAssociation,Dental Association, the Veteran Association of Ghana and the Trade Union Congress.

• Election of the Presiding Members of the District Assemblies andapproval of the District Chief Executives nominated by the President.

11


12

E L E C T I O N S 2 0 1 2

2.1 Funding

The Donor community in Ghana has always shown interest in the electoral process of the country. Upon recommendations from the EU Elections Observation Mission in Ghana in 2008, the European Union arranged to support the capacity development of some governance institutions involved in the Election Process and Electoral Cycle in Ghana. The overall objective of this support was to deepen and consolidate Ghana’s Democracy in line with GPRS 2 and the MTDF 2010-2013.

The period between 2011- 2013 witnessed a series of projects and programmes undertaken by the Electoral Commission and below is a list of some activities funded by donors for the Electoral Cycle.

13

ELECTIONS2012

02

Electoral Commission of Ghana

Table1:DonorSupportElection2012

No. Donor Project/Activity Budget Cost

1. UNDP

Mobile Telephony Platform for the Voters’ Register.

$ 50,000

Engagement with Stakeholders on Electoral Reforms

$ 65, 000

2. USAIDIncreasing Professionalism and Stakeholders’ Confidence in Ghana’s Electoral Process

$ 480,000

3. DFIDEnhancing the Credibility of the 2012 Elections

£ 3,000,000

4. EUSupport to the EC for the 2012 Presi-dential and Parliamentary Elections

€ 3,800,000

2.2 ElectoralRoll(RegistrationofVoters)

An accurate, reliable and inclusive voter’s register is fundamental to the credibility of an electoral process. Given that, a credible electoral list is central to the conduct of elections, the integrity of the registration process and subsequent register produced becomes crucial for their fairness.

Both the 1992 Constitution and the Act that established the Electoral Commission empowered it among others to; compile voters register. On the basis of this, Parliament of the 4th Republic gave legal backing to the registration of voters by passing a Constitutional Instrument (C.I) 12 and Public Elections (Registration of Voters) Regulations, 1995. In 2012 the Regulation was amended to C.I 72 which mandated the Electoral commission to take those actions necessary to register qualified Ghanaian citizens.

Since the nation returned to democratic constitutional rule in 1992, the electoral system has been reformed extensively so as to improve electoral transparency and enhance acceptability. For example the nation has

14

E L E C T I O N S 2 0 1 2

moved from opaque ballot boxes to transparent ones as well as from thumbprint ID cards to biometric registration and verification processes all in an effort to enhance transparency and make the process more credible.

The law regulating the registration of voters stipulates that the Commission should register;• OnlyGhanaiancitizens.

• Onlypersonsof18yearsofageandabove.

• Onlypeopleofsoundmindandnotimprisonedfortheconvictionofa felony or death sentence.

• Onlypeoplewhoresideintheareawheretheregistrationtakesplace.

2.3 TheBiometricRegistrationofVoters

As part of the administrative reform process, in 2012, the nation embarked on biometric voter registration exercise, producing a biometric voter register and for the first time in Ghana’s general elections using this biometric voter’s register with biometric devices.

The decision that informed the introduction of the biometric technology by the Electoral Commission was to forestall the incidence of multiple registrations that characterized previous registration exercises. It was also to ensure security of the registration data and to adopt speed in processing mass data registrants. Again, the expectation of the Commission was to produce a more credible register of voters for the 2012 general elections and subsequent elections. As a result, the biometric registration introduced by the EC captured the demographic and biometric data of prospective voters.

It could be recalled that the attempt by the Commission to introduce the Biometric Voter Registration exercise was confronted with a legal suit over the selection of a vendor and the award of contract for the

15

E L E C T I O N S 2 0 1 2

procurement of Biometric Equipment; the Court ruled in favour of the Commission. That allowed the Commission by virtue of the Article 46 of 1992 Constitution to award the contract to Super Tech Limited (STL) in 2011, to design, develop, integrate and deploy the voter Registration Solution to support Biometric Voter Registration for the general elections. To carry out the Voter Registration exercise on time, the Electoral Commission procured over 7,000 biometric registration kits, namely; laptops, printers, scanners, and digital cameras specifically for the registration. The scope of work carried out was to enrol over 14 million people with faces, 10 fingerprints and biographic data captured from the 7,000 biometric registration kits deployed.

Under the Public Elections (Registration of Voters) Regulations (C.I 72), requirements as evidence for registration are;

• APassport

• ADriver’sLicense

• ANationalHealthInsuranceCard

• ANationalIdentificationCard

• AnexistingvoterIdentificationCard

• BytheCompletionofoneIdentificationGuaranteeFormendorsedby two registrants.

2.4 VoterEducation

Prior to the voter registration exercise, there were massive voter education programmes that highlighted the various components of the registration processes. Voter education was done in several Ghanaian languages through the electronic media. Colourfully printed and easy to understand materials were distributed to the public.

16

E L E C T I O N S 2 0 1 2

In addition, public education engagements with Civil Society, Community and Faith Based Organizations were carried out. The education programmes cleared the fears and rumours that precipitated the introduction of the biometric voter registration. The awareness programmes were good enough to deter people from impersonation, double registration and to some extent prevent violence during the exercise.

2.5 Recruitment/TrainingofOfficials

Advertisements were placed in both electronic and print media to solicit for people qualified to apply for positions as Registration Supervisors, Data Entry Clerks and Registration Assistants. Different approaches were used for the recruitment of registration and exhibition officials; these included advertisement using local FM stations and placement of notices at the district offices. Qualified applicants were short-listed and interviewed.

In some cases written examinations were used as basis for selection of those deemed to qualify. Hitherto, the difficulty was the selection of competent officials and identifying/eliminating persons with partisan background for voter registration and the exhibition exercises.

The greatest challenge was getting qualified human resource, persons with relatively adequate computer knowledge, particularly in the rural areas. It was noted that some districts had issues with class size during the training considering the number of days given for the training. Availability of training venues in some districts was also a challenge. On training of officials, Districts with huge number of officials were compelled to increase class sizes in order to finish on time to kick start the registration on the official date.

Though the content of the manuals and the training provided the necessary knowledge, skills and what was to be impacted for the officials to execute the job, the period earmarked for the training was not long enough for all the operatives to grasp the procedures, technique and to perform to the best of their ability.

17

E L E C T I O N S 2 0 1 2

2.6 RegistrationofVoters

The introduction of the Biometric Voter Registration Exercise in 2012 was arguably the first major pre-election activity undertaken by the Electoral Commission after the re-alignment of the existing polling stations used in the 2008 general election from 21,002 to 26,002 and a review of the constituencies from 230 to 275 in 2012.

A limited pilot registration programme was undertaken to test the equipment (kits) for a period of four (4) days (25th-28th February, 2012), after which an extensive training was rolled out using the cascading approach to train registration supervisors, registration officers/assistants, data entry clerks and technicians.

The voter registration exercise was carried out over a period of forty days(24th March- 4th May 2012) using the clustering system for data capturing and instant issuing of voter identification cards. The exercise was however characterized by technical, operational and logistical challenges. These included shortages of registration forms, frequent breakdown of registration machines, wrong coding, difficulty in exporting data of voters registered unto the servers installed etc.

The ensuing challenges exerted pressure on the operatives. In some instances the situation degenerated into suspicion and confrontation between political party supporters and voters. There were reported cases of harassment and intimidation of people who sought to challenge the eligibility of applicants. In some areas, political party activists and macho-men beat up or prevented people from registering in their strongholds.

Again, the registration process was not devoid of violence. In some constituencies such as in Odododiodioo in the Greater Accra Region; Suame and Asawase constituencies in the Ashanti Region, the exercise was characterized by violence and fierce confrontations between NDC and NPP stalwarts and supporters over the residential eligibility of

18

E L E C T I O N S 2 0 1 2

potential voters. At Kronom Registration Centre in the Afigya Kwabre constituency in the Ashanti region, the registration kit was damaged and the officials severely beaten up by thugs. In the Sekyere Afraims district, also in the Ashanti region, one registration officer lost his life.

Long queues characterized the first phase of the registration exercise, because eligible voters were anxious and thereby defied the dates announced and published in the dailies and rushed to nearby centres to register instead of waiting for their turn.

Notwithstanding the difficulties stated above, most of the challenges encountered were dealt with after the first and second phases of the registration. A refresher training programme was organized by technicians from the STL; recorded difficulties were fully identified, categorized and solutions provided. Damaged biometric kits were also replaced and data transmission anomalies rectified.

The challenge was getting qualified people with adequate computer knowledge to effectively handle and operate the equipment. Some of the broken down printers were noted to be caused by registration officials who were impatient on the machines during the exercise. Some field operative’s failed to adhere to prescribed procedures. While others issued multiple commands thereby jamming the system or causing the printer malfunctioning. Some failed to recharge the batteries.

Back-up procedures were not properly followed by field operatives, which invariably led to data transmission failures. Another challenge noted, was that trained officials opted out at the start of the exercise without prior notice.

The challenges notwithstanding, registration continued and ended after the fourth phase. At the end of the exercise, a mopping up was done in selected districts. In all 14,158,890 voters were provisionally registered.

19

E L E C T I O N S 2 0 1 2

Tabl

e2:

Re

gist

rati

onS

tati

stic

sby

Age

and

Gen

der

REG

ION

AGE

GRO

UP

18 -

20

AGE

GRO

UP

21-

40AG

E G

ROU

P41

- 60

AGE

GRO

UP

61 -

80+

TOTA

L TO

TAL

Mal

eFe

mal

eM

ale

Fem

ale

Mal

eFe

mal

eM

ale

Fem

ale

Mal

eFe

mal

e

Wes

tern

90,9

76

87,7

05

417,

405

407,

710

177,

740

158,

344

47,8

41

47,3

91

733,

962

701,

150

1,43

5,11

2

Cent

ral

74,3

80

71,6

03

315,

532

345,

230

144,

369

169,

684

50,5

63

69,0

78

584,

844

655,

595

1,24

0,43

9

Gt.

Acc

ra11

5,13

8 12

2,14

3 85

8,68

588

8,41

6 33

0,48

1 33

4,63

5 80

,224

89

,956

1,

384,

528

1,43

5,15

0 2,

819,

678

Volt

a83

,766

77

,850

28

0,78

4 3

01,4

78

134,

196

160

,173

54

,159

74

,397

55

2,90

5 61

3,89

8 1,

166,

803

East

ern

102,

197

97,2

89

271,

964

385,

248

195,

287

209,

007

82,7

94

98,5

18

652,

242

790,

062

1,44

2,30

4

Ash

anti

171,

101

172,

288

705,

272

730,

303

291,

142

302,

071

92,0

90

115,

534

1,25

9,60

5 1,

320,

196

2,57

9,80

1

Bron

g A

hafo

83,6

55

80,1

96

338,

480

352,

103

147,

877

149,

579

50,0

38

56,8

13

620,

050

638,

691

1,25

8,74

1

Nor

ther

n14

1,17

6 13

5,60

8 31

2,47

536

9,14

5 11

2,70

3 12

5,43

1 40

,132

39

,370

60

6,48

6 66

9,55

4 1,

276,

040

Upp

er E

ast

54,6

44

59,1

39

130,

660

152,

050

11,3

91

85,3

06

34,4

75

43,2

78

231,

170

339,

773

570,

943

Upp

er W

est

33,4

13

33,8

07

80,7

0396

,121

34

,178

49

,834

17

,534

23

,439

16

5,82

8 20

3,20

1 36

9,02

9

NAT

ION

AL

TOTA

L95

0,44

693

7,62

8 3,

711,

960

4,02

7,80

4 1,

579,

364

1,74

4,06

4 54

9,85

0 65

7,77

4 6,

791,

620

7,36

7,27

014

,158

,890

1,88

8,07

47,

739,

764

3,32

3,42

81,

207,

624

Repr

esen

ting

13.3

3%54

.66%

23.4

7%8.

53%

52.0

3%10

0%

20

E L E C T I O N S 2 0 1 2

The above reveals that 13.33% of the voters registered in 2012 were first time voters, while voters above 60 years represented 8.53% of the total vote population. The table also shows that female voters formed the majority, representing 52.03% of total registered voters in Ghana. The Greater Accra continued to record the highest number of voters as against the Upper West Region in terms of voter population.

2.7 RegistrationofPrisoners

A total of 476 persons in detention were registered in 2 days, out of a total of 13,231 inmates provided by the Prison Service. This was after a thorough screening to identify the true identity of those who availed themselves at the eight(8) prison locations across the country had been undertaken; The locations were Ankafu, Nsawam Medium Security Prison, Sekondi, Ekuasi Camp, Hiawa Camp, Adum-Kumasi, Ho, Koforidua, Sunyani and Central Tamale Prisons.

Political party Agents assigned to the registration centres by the parties failed to take these critical activities (registration and exhibition) seriously.

Table3:ForeignRegistrationStatistics

S/No. Regional ZonesRegistrable Population

Final Number Of Voters Registered

%

1 EUROPE( London,The Hague,

Moscow,Berlin,Geneva,Rome and Madrid)

559 182 25.8

2AMERICA

( Havana, Washington DC. New York and

Brasilia)

362 106 15.0

21

E L E C T I O N S 2 0 1 2

3 ASIA (Seoul, Beijing, New

Delhi, Dubai and Kuala Lumpur)

207 81 11.5

4 EAST AND SOUTH AFRICA

( Addis Ababa and Pretoria)

327 79 11.2

5 NORTH AFRICA( Rabat, Algiers and

Cairo)392 93 13.2

6 WEST AFRICA( Monrovia, Dakar,

Abidjan, Bamako, Abuja and Lome)

503 109 15.5

SUB-TOTAL 2350 650

7 ACCRA 55 7.8

TOTAL 705 100

Figure 1: Foreign Registration Statistics

Source: Fred Tetteh: R & M Dept. EC

22

E L E C T I O N S 2 0 1 2

Out of a total of 705 voters the Electoral Commission registered as Ghanaian nationals working in Ghana missions and international institutions abroad, 650 were actually registered abroad at the various locations indicated, while 55 voters who were working at the missions but had returned home were registered in Accra, as shown in Table 2 above.

The table further indicates that, one-fourth (1/4) of Ghanaian Nationals living abroad were registered in Europe alone, followed by the America (North and South) recording 15% of the returns.

2.8 Adjudication–VoterRegistration Issues/Challenges

A large number of challenge cases were recorded across the regions. At some centers, political party agents challenged the eligibility of many voters without basis. At certain centers, the returns indicated an apparent competition between the two major political parties as to the number of persons challenged. In some cases Persons or party agents who challenged applicants could not be traced or contacted to appear before the District Registration Review Committee (DRRC).

2.9 ExhibitionofProvisionalVotersRegister(PVR) andtheReceiptofFinalVotersRegister(FVR)

After the completion of the voter registration exercise, the Commission ensured that the provisional registers were displayed at every polling station for 10 days to allow the voting public to check for inaccuracies and omissions.

The Exhibition exercise was done by the Electoral Commission in accordance with Regulation 21(1) and 22(1) of Constitutional Instrument (CI) 72. Hence, Commission displayed the provisional voter’s register at the 26,002 polling stations nationwide.

23

E L E C T I O N S 2 0 1 2

The exhibition exercise afforded registered voters the opportunity to:

• Checkandensuretheirdetailswerewellcapturedintheregister.• Correctdatawhichwerewronglyprintedintheprovisionalregisteror

ID card.

• GettoknowtheirpollingstationsfortheElection.

• Havetheopportunitytoobjectorchallengeanyunqualifiedpersononthe register i.e. Under-aged, the deceased and non-Ghanaian citizens.

Political parties were also given the opportunity to monitor the exercise. To ensure the fairness of the exercise to all and sundry, the Commission took pragmatic steps and rectified the situation by asking District Officers to exhibit the voters-roll as and when the registers were made available by the IT section.

As part of the Commission’s effort to whip up public interest and render full participation, the Electoral Commission in collaboration with UNDP launched a Short Message System (SMS) platform that made it easier for registered voters to check their personal details through the portability of mobile phones. The system allowed eligible voters to type the 10 digit unique voter identification number to 1413 short code on all mobile phone network and receive response confirming the voter name, ID number, age , sex, region, district and polling station. The SMS platform was kept active from the period launched till the day of polling.

Over 500,000 voters used the SMS facility to check their details. The only defect with the system was the lack of photo feature of a voter when the system responds to the request.

24

E L E C T I O N S 2 0 1 2

Table4:Statistics-ExhibitionofTheVotersRegister

Region# Of

Registered voters

# OfInclusions

filed

# OfObjections

# OfDeceased

#Of

Corrections

Total # Of those

who checked

their

% Turnout

Western 1,424,562 854 673 658 7,732 887,015 62.3

Central 1,228,544 456 780 794 43,801 710,841 57.9

Gt. Accra 2,788,091 684 812 285 50,790 1,366,076 49.0

Volta 1,189,512 394 274 541 1,582 754,779 63.5

Eastern 1,428,060 380 478 675 18,684 879,017 61.6

Ashanti 2,559,157 1,627 848 2,028 19,684 1,788,758 69.9

Brong Ahafo 1,246,145 397 397 643 14,642 834,698 67.0

Northern 1,264,881 491 1,784 1,112 13,884 1,011,639 80.0

Upper East 565,852 1,768 712 631 10,038 426,664 75.4

Upper West 365,769 276 560 592 4,379 296,395 81.0

National Total

14,060,573 7,318 7,318 7,959 200,686 8,955,882 63.7

Source: Fred Tetteh, R & M DEPT. EC

Analysis of the figures in Table 3. Above indicates that Greater Accra region recorded 49.0%, the highest ever since 1995. The highest turnout was recorded in the Upper West region, 81.0% which was 17.3% above the national average of 63.7%.

The overriding challenge reported were shortfalls in the number of persons registered at many polling stations; there were swapped polling station codes, displacement of voters and instances of names and pictures swapped. There were several complaints of voters being placed on exception lists even though their registrations were not challenged while others who were cleared by the DRRC had their names missing on the exhibited voters register.

After the exhibition, a revising officer (a circuit court judge, or a senior

25

E L E C T I O N S 2 0 1 2

Magistrate) authenticated the registers which then formed the basis for the final register for the December 2012 election.

2.10 SpecialInclusionandCorrectionofPersonalData

The Commission as part of its strategy to rectify challenges associated with missing names and data, embarked upon a special inclusion exercise to register voters at the areas affected afresh or undertake major correction of data.

The main task carried out at the District offices of the Commission under major correction was to request the voter to authenticate his/her biometric identity by placing his/her fingers on the Voter Management System(VMS).Though almost all the major corrections reported were affectively resolved before the final voters register were printed. However, the window opened for special inclusion was not fully utilized by the affected voters and as such most of them could not find their names on the register on Election Day.

Table5:Statistics–FinalVotersRegister2012

Region# of

Constituencies# of Polling

StationsRegistered Votersas at Dec. 2012

Western 26 2,618 1,425,158

Central 23 2,192 1,231,513

Gt. Accra 34 4,114 2,792,576

Volta 26 2,283 1,156,740

Eastern 33 2,961 1,429,682

Ashanti 47 4,628 2,557,122

Brong Ahafo 29 2,740 1,245,954

Northern 31 2,386 1,263,462

Upper East 15 1,136 565,097

Upper West 11 944 364,489

National Total 275 26,002 14,031,793

Source: R & M Dept. EC

26

E L E C T I O N S 2 0 1 2

2.11 BloatedVotersRegister

The age old perception of a bloated voter’s register, a phenomenon that had questioned the credibility or otherwise of national voters register since 1995 never became the focus of public attention and debate. Public discourse to a large extent was on the statistical accuracy of the figures recorded by the Electoral Commission vis-a-vis population census released by the Statistical Service.

2.12 BuildingConfidenceintheElectoralProcess

It is also a known fact that the conduct of an election is not a day’s event but a process. A number of election activities took place before, during and after the main general elections on 7th and 8th December 2012. The Electoral Commission in its quest to deliver credible elections put in place certain interventions to build confidence in the process and to allay the fears of the citizenry.

2.13 PublicDisplayoftheBiometricVotersRegister

The Biometric Voters register was displayed at all polling stations in the country. The essence was to give those who registered the opportunity to check on their names in the provisional voters register, correct their personal data, if there is any mistake/error and also make inclusion if their names could be found and also to know their polling stations, etc.

2.14 RegistrationReview-Adjudication

Registration Review Committees were formed in all the Districts, throughout the country to adjudicate on challenges emanating from the registration exercise whilst Registration Review Officers authenticated the Provisional Voters registers and also made determination on appeals against the decisions of the District Registration Review Committee.

27

E L E C T I O N S 2 0 1 2

2.15 De-DuplicationProcess

All data captured at the registration centres were sent to the data centre at the headquarters of the Commission, in an encrypted format via satellite. The system in place used both the Automatic Fingerprint Identification System (AFISS) and Automatic Biometric Identification System (ABISS) technology, these enabled an automatic matching of each voter’s fingerprints and other bio-data against the over 14 million registered voters in the database and flagging of any potential duplicate. Those found registered beyond the stipulated dates/time for registration were automatically placed on an exclusion list.

At the registration centres, some level of discretion was given to the Registration Officers to re-register applicant who perhaps did not like his/ her photograph and in such cases the last registration of such persons was the only entry accepted by the adjudication decision makers.

On adjudication of multiple registrations, an adjudication team was constituted by the Commission, made up of Directors, some sectional Heads and a team of Data Analysts and Programmers from the IT section that adjudicated on cases produced by the system.

2.16 PublicEducationandAwareness

Public Education and awareness creation was carried out throughout the country. The Commission adopted various approaches to carry out its programmes. These included the following:

• Theuseofpublicaddresssystemmountedonall theCommission’svehicles in the Districts for dawn broadcast.

• Theuseofradioprogrammes,especiallytheFMstationstoeducatethe electorate.

28

E L E C T I O N S 2 0 1 2

• A number of stakeholders’ interactions were held at the Regionaland District Levels to sensitize the public on their expected rights and responsibilities. Among these training programmes, were dialogues with Parliamentary Candidates, Female Parliamentary Candidates, the Physically Challenged, Faith-Based Organizations, the Media, Women Groups, and Civil Society Groups.

• Regional Inter Party Advisery Committee and District Inter PartyAdvisery Committee dialogues at the Region and District levels respectively were also held.

All these created a deeper awareness of the election process among key stakeholders in particular and the public in general.

The Commission also responded to requests by some Civil Society Groups like Center for the Development of People (CEDEP), Commission for Human Rights and Administrative Justice (CHRAJ), Radio Stations and Some NGO’s to train their field operatives on election observation.

2.17 NominationofCandidates

Filing of nominations for the Presidential and Parliamentary elections took place at the Head Office of the Commission and all the 275 Constituencies on the17th and 18th of October, 2012. As has been the practice, nomination forms are collected free of charge from the Commission’s offices. However, the filing attracts a fee which is determined by the Commission.

For the 2012 elections, the Commission raised the filing fees from Five Thousand Ghana Cedis (GH¢5,000) to Ten Thousand Ghana Cedis (GH¢10,000) for the Presidential. The Parliamentary nomination attracted a filing fee which was raised from Five Hundred Ghana Cedis (GH¢500) in 2008 to One Thousand Ghana Cedis (1000). It is important to note that the filing fees were deposits. A Presidential candidate who fails to obtain

29

E L E C T I O N S 2 0 1 2

25% of the votes cast loses the deposit, while a Parliamentary candidate must win 12.5% of the votes to get the deposit refunded.

The nomination of a candidate for President must be endorsed by not less than two persons who are registered voters in the area of authority of each District Assembly. The candidate must be at least 40 years of age. The running mate of a Presidential candidate is not nominated in his or her own right. A Vice Presidential candidate is deemed to be nominated once a Presidential candidate is nominated. However, a Presidential candidate must select a Vice Presidential Candidate who is required to satisfy the same qualifications required of a Presidential candidate.

A candidate for election to Parliament is required to be 21 years of age, resident in a specific constituency and must be supported by 20 registered voters resident in the constituency where he/she seeks election.

Nominations closed on the 18th of October, 2012. On the whole, eight (8) candidates filed for the Presidential of which were seven (7) Party candidates and one independent candidate.

Parliamentary nominations throughout the country recorded a total of 1322 candidates, there were 1199 males and 133 females.

Nominations of candidates were not without challenges. Notable among them were;

• Mostoftheapplicantscouldnotsubmittaxclearancecertificates.

• Someapplicantssubmitteduncompletedforms.Itwasveryclearthatsome of the Presidential candidates could not get the mandatory two (2) registered voters from each District Assembly to endorse their nominations.

At the close of nominations on 18th October 2012, eight presidential candidates were cleared by the Electoral Commission to contest the

30

E L E C T I O N S 2 0 1 2

poll, whilst three (3) political parties; National Democratic Party (NDP), Ghana Freedom Party (GFP) and Yes People’s Party (YPP) aspirants, and one independent candidate were disqualified for their failure to meet the nomination requirements.

2.18 RecruitmentofECOfficers

Recruitment Process

The main functions of the Electoral Commission are specified in Article 45 of the 1992 constitution. Besides, the Electoral Commission Act; 1993, (Act 451) provides detailed functions of the Electoral Commission with the Electoral Commission (Amendment) Act, 2003 section 2 by the substitution of paragraph (d) and section 12 (1) by the substitution of paragraph (c) with regards to preparation and issue of Voter Identity Cards respectively clearly which defines its recruitment and training policies.

These policies are regulated by the electoral process of demarcation, registration, exhibition and elections specified in electoral laws. Recruitment and training programs in 2012 were guided by the Electoral Commission Act 1993, Act 451 (8) (1) and constitutional Instruments on demarcation (C.I.78), registration and exhibition (C.I.72) and elections (C.I.75).

Registration Recruitment

The 2012 recruitment process was special and unique because of the introduction of biometric technology in the electoral system to serve as a check against impersonation and multiple registrations. For the first time in the history of recruitment of electoral officials, a more vigorous and well – structured recruitment process was prepared to accommodate all levels of temporary staff for training purpose and performance achievement in the assigned areas of responsibility.

The Electoral Commission contracted Super Technology Lock Company Ltd. after winning the bid to supply Biometric Voter Registration Kits (BVR

31

E L E C T I O N S 2 0 1 2

Kits) and Biometric Verification Devices (BVDS) in line with the new laws on registration and elections.

Six hundred and seventy eight (678) registration supervisors were recruited to manage the first ever Biometric Voter Registration Exercise in 2012.

ExhibitionRecruitment

Six hundred and seventy eight (678) exhibition supervisors were recruited to manage the Exhibition Officers and Exhibition exercise in the districts. Much attention was given to the recruitment process because of the appointment of one (1) Exhibition Officer per Exhibition Centre to reflect total numbers of Polling Stations in the regions and districts. A total of 26,680Exhibition Officials were recruited to manage designated exhibition centres and district areas.

Election Recruitment

More than 130,835 polling officials were recruited in the ten (10) regions and partly based on responses to advertisements by the Electoral Commission and voluntary participation in the 2012 presidential and parliamentary elections. Below are the details in table 1.

Table6:2012NationalRecruitmentofElectionOfficials

No. Position Number

1 Returning Officers (ROS) 275

2 Deputy Returning Officers (DROS) 550

3 Presiding Officers (POS) 26,002

4 Name Reference List Officers (NFLOS) 26,002

5 Verification Officers (VOS) 26,002

6 Polling Assistants – Presidential Ballot 26,002

7 Polling Assistants = Parliamentary Ballot 26,002

TOTAL 130,835

32

E L E C T I O N S 2 0 1 2

Methodology

The recruitment policy involved the following approaches;

• Advertisement of all positions for the types of electoral activity atdistrict offices

• ReceivedapplicationletterswithCurriculumVitae

• Shortlistedapplicationsbasedlargelyonnumbersrequired• Interviewsessionsthatmadedecisionsofassignedroleseasy

• Various skills and abilities like good communication, writing andmanagement abilities and knowledge of the election process were also considered by the final selection.

Challenges

Challenges encountered during registration, exhibition and elections included the following.

• ThedecisionoftheGhanaEducationServicenottoallowteacherstoparticipate in the 40 day biometric voter registration exercise because of long absence from classrooms during the registration period.

• Therecruitmentofpeoplewithsomelevelofcomputerknowledgewas difficult in the early stages of the recruitment exercise especially in deprived districts.

• People with hidden partisan interests who are easily manipulatedby politicians in breach of Article 46 of the 1992 constitution to be independent of controls in the performance of duties.

• Time constraint to recruit registration officials put pressure on therecruitment process.

33

E L E C T I O N S 2 0 1 2

• Vacation of Exhibition centres by undisciplined Exhibition Officersbecause of the recurring challenging issues like medicals and family issues.

• Infiltrationofsomepeoplewithpartisanassociationsandinterests.

• PressuretorecruitthecorrectnumbersofPollingOfficialswithinthelimited period challenged proper scrutiny for effective training and results.

It is also important to note that training methodologies and training

resources differed with the type of electoral activity in accordance with the Public Elections, (Registration of Voters) 2012, CI. 72 and the Public Elections Regulations 2012, C.I. 75.

• Registration training involved usage of BVR kits and sensitive andcritical registration forms like Form 1A and Form 1 C, Daily Accounting Sheets for Form 1 As and Laminates, Guarantors Forms, Challenge Forms, BVR Questionnaire Forms, Registration Undertaking Forms and thumbprint pads and indelible ink. Also training emphasis was placed on the C.I. 72, regulation 12, sub regulations 6,7,8,9,10 on the provision and capture of both personal and biometric data of Applicants .It placed emphasis on the set up of registration centres to facilitate processing of Applicants.

• Exhibition training involved usage of forms of correction, inclusionand objection to facilitate the cleaning of the Voters’ registers. It included also objection forms for people in the category of multiple registrations and exclusion as a result of machine error and deliberate authorized registrations. This was to provide an opportunities for potential voters who could have be disqualified to provide evidence or justify their registration before a decision is taken to expunge their names from the final Voters’ registers.

34

E L E C T I O N S 2 0 1 2

• ElectiontraininginvolvedusageoftheBiometricVerificationDevicesin accordance with regulation 30 of the Public Elections Regulations 2012, C.I.75. The usage of critical election forms included Statement of Poll and Declaration of Results Sheets for Presiding Officers and the proper way of setting up a polling station to facilitate processing of voters.

SelectionandPublicationofListofElectionOfficials

i. The Electoral Commission advertised for the recruitment of election officials and this attracted applications for qualified Ghanaians who were recruited as Returning and Deputy Returning Officers. Most of the applicants interviewed had either been Returning Officers or Deputy Returning Officers before and had varied experience from different background.

ii. The same procedures were used in the selection of the Presiding Officers, Polling Assistants and Verification Officers.

iii. Series of training programs were lined up for all field operators to adequately equip them with the required skill and knowledge to perform their duties accordingly.

2.19 Voting

Transferofvotes

There are two (2) aspects of transfer of votes during elections. Firstly, candidates who want to contest elections in specific constituencies are given the opportunity to transfer their votes. The same facility is offered to voters who want to vote in specific constituencies on the election day.

In all cases, a registered voter who before an election is not resident for not less than two (2) months in a constituency other than that in which the registered voter is registered may apply for transfer of vote.

35

E L E C T I O N S 2 0 1 2

However in both cases, the registered voter needs to meet some conditions in respect of the type of transfer the voter wants.

In line with election regulation on transfers, a registered voter who wanted to transfer to vote in the 2012 elections had to apply to the Commission not less than forty-two (42) days before the Election Day. A registered voter who wanted to transfer to contest was required to apply forty-two (42) days before the last day of nomination.

ChallengesofTransferofVotes

The public was not adequately conversant with the relevant aspects of C.I. 75 that application for transfer of vote must be made not less than forty-two (42) days to the Day of election.

Some public servants who were transferred to new duty posts at a time less than 42 days could not apply for the said transfer.SpecialorEarlyVoting

A voter may apply to the Commission for special or early voting if as a result of election duties the voter will not be able to be present at the polling station where the voter is registered on the day of election. Those who usually take part in special or early voting are election officials and security personnel.

The architecture for special voting was significantly changed due to the change in the electoral regulations. Application for early voting should be done not less than 42 days to the Election Day. Special or early voting was held throughout the country on 4th December, 2012.

ChallengesEncounteredDuringSpecial/EarlyVoting

Among the numerous challenges associated with the early voting were the following;

36

E L E C T I O N S 2 0 1 2

• Somesecuritypersonnelwereturnedawaybecausetheirnamesweresubmitted too late for processing.

• Therewereinstanceswheresomeapplicantswerenotprocesseddueto the submission of incomplete particulars.

• Some applicants for early voting could not easily locate their newcentres.

• In thecaseofmediapersonnel, theywerenot capturedaspartofpersons qualified as special voters under the new C.I 75. (47(1)) most of them did not meet the deadline for the submission of applications for early voting and this generated a lot of tension, many Security/Media personnel who could not exercise their franchise left the various centres crest-fallen and hugely disappointed.

AbsentVoters

Absent voters are registered voters who applied for the transfer of their votes, for special voting or are election officials who are put on absent voter list for the polling stations where they were originally registered and would have voted.

Absent voters list are prepared not later than fourteen (14) days before polling day and copies made available to each polling station. The absent voters list serves as a check on double voting at an election.

However, the use of the Biometric Verification Device (BVD) in the 2012 elections went a long way in preventing multiple voting.

ProxyVoting

A registered voter who will not be able to vote on polling day due to ill-health may apply to the commission to appoint a person as a proxy to vote in the elections at the polling station where he/she is registered.

37

E L E C T I O N S 2 0 1 2

In the same way, a registered voter who will be absent from his/her constituency and will be unavailable to vote on polling day may not less than forty –two days before the poll apply to the Commission to appoint a proxy to vote for him/her.

It is however worthy to note that a voter who was appointed a proxy cannot vote by himself or herself unless he/she cancels the proxy.

Unlike what pertained in the 2008 elections, proxy voting in the 2012 elections was possible only at polling stations where the two people were registered, this was because of the use of the Biometric Verification Device (BVD) which required that the appointed proxy has to be verified before he/she would be allowed to vote.

2.20 KeyStakeholders;Media,PeaceCouncil, CivilSociety,Security.

SecurityAgencies

The delicate nature of the role of the security forces in participating in elections cannot be ignored. It is important that law and order is maintained at all polling stations. Combined team from the security agencies in Ghana notably the Police, Fire Service, Customs, and Immigration were deployed to the Polling stations to maintain law and order.

The composition of the National/Regional Security taskforce, revealed a close collaboration and working relationships of information sharing between the Electoral Commission and the security services in the protection of lives, properties and election materials. A rapid response team of the Police and the Military was formed to respond to emergency and volatile situations.

Security personnel were deployed to the over 26,000 polling stations and all the 275 collation Centres in the Constituencies. Again, security forces were deployed to escort election materials, to protect Commission

38

E L E C T I O N S 2 0 1 2

members, political leaders, Electoral Commission installations, candidates and keep watch over the voting itself.

Regional offices and the headquarters of the Commission also benefited from the deployment of security personnel. Some polling stations which were identified as being volatile and at such flashpoints/areas, security were beefed up to avert any security challenge. A combined team of the military and police (security taskforce) were stationed at vantage areas to respond quickly to any eventuality.

Challenges

The electoral process was faced with security challenges that were partly as a result of the introduction of biometric technology in the electoral system. It ran through the registration, exhibition and election periods.

The general perception was that the use of the Biometric Voter Registration Kits (BVR Kits) in registration of eligible Voters would prevent all manner of registration offences like multiple registration and impersonation. However, the malfunction and breakdowns of the BVR Kits heightened security threats and challenges because of complaints, anger and grievances of the electorate. Some districts recorded violent incidents by aggrieved electorate and “macho men” but recorded timely interventions especially by the Bureau of National Investigation (B.N.I) and the police service.

Loss of confidence in the electoral process became clear when aggrieved voters put in the category of multiple registrations and exclusions did not participate in the exhibition exercise to have the opportunity to object and defend their cases before the District Magistrates. This made security of the electoral process prior to the General elections a necessity to maintain peace in the regions and districts.

On Election Day, the inability of the Biometric Verification Devices (BVDS) to verify voters at certain Polling Stations was of serious concern to

39

E L E C T I O N S 2 0 1 2

all Stakeholders. It heightened the election tension and caused some disturbances at Polling Stations. However the security personnel at Polling Stations, with the help of security patrol teams, managed to maintain law and order at the affected Polling Stations.

It is important to note that the National Election Security Taskforce played a vital role in maintaining peace throughout the electoral process. Their early responses and approaches to violent situations at electoral centres and community conflicts deserves commendation. This was achievable because of collaborative work and support from the Electoral Commission and the public.

Security officials throughout the country were properly briefed on the electoral process to discharge their mandate during and after the Presidential and Parliamentary elections.

Security at all the polling stations as well as the Electoral Officers on the Election Day was tight. Though there were some security breaches during the poll, the few reported incidence were aptly and swiftly handled by the security. In the Ashanti Region, for example, the police were swift in dealing with a situation at a polling station in the Oforikrom constituency where an official was assaulted for apparently not validating the ballot papers. The electorate felt the action of the official was a ploy to have the ballots rejected. This official was saved by the police from being lynched by the irate voters.

Elsewhere in the same region at Bourkro in the Asokwa constituency, two persons suspected to be making attempt to snatch a ballot box were also saved by the security from severe assault.

TheMedia

The media, both print and electronic played a critical role in the success of the elections at the regional level, from the voter registration to the Election Day and after. Much publicity was given to virtually all activities

40

E L E C T I O N S 2 0 1 2

carried out by the Commission. The Commission, as part of its confidence building in the electoral process, encouraged media convergence; use of traditional radio, interviews, phone inns, social media, newspapers, Television/Radio panel discussions and text messages effectively in expanding the media space for its messages.

The media platform provided the populace the opportunity to further critique by and large some issues in the electoral process, such as the challenges of the biometric registration, transfer of votes and the early voting. In 2012 election, the Commission used the media as a bridge between the electorates, candidates and agents. Apart from the commission evaluating and monitoring whether the media, provided sufficient balance and diverse information to enable voters make well informed choice, the Electoral Commission regularly releases press statements and kept the public informed about the level of its preparedness. However, some of the radio stations rather fuelled suspicion and rumours as well.

On the Election Day while some radio stations fed the Commission with information on trouble spots, others spread false rumours. One of the rumours was that a vehicle transporting thumb-printed ballot papers meant for the Ashanti region had been involved in an accident. One other rumour that gained grounds was the alleged stuffing of ballot boxes at the Golden Tulip Hotel which attracted large crowd but the security were there on time to save the situation from getting out of hand.

CivilSocietyOrganizations(CSOs)

As part the confidence-building measures for the electoral process, the Electoral Commission engaged and effectively coordinated with Faith and Community-Based organizations as well as governance institutions like the Center for Democratic Development (CDD), Institute of Economic Affairs (IEA) and Institute for Democratic Governance (IDEG) at National, Regional and District levels. A series of national engagements with CSOs at the Alisa, Mensvic Hotels in Accra were held with the support of the

41

E L E C T I O N S 2 0 1 2

European Union. Also in attendance were representatives of political parties, the clergy and traditional rulers. The common objective of these quarterly engagements was to share information on the electoral process, the legal framework for the elections and to seek dialogue. CSOs were briefed on initiatives and programmes structured by the commission towards peaceful elections. Programmes such as “ Increasing Awareness of the Electoral Process among CSOs” was part of efforts put in place by the Electoral Commission with the support from donor partners aimed at improving the knowledge of CSOs on the electoral process, safeguard the process and to sensitize CSOs to mobilize communities to play watchdog role at the poll.

InteractionswithMarginalizedGroups

In line with its initiatives to encourage all-inclusiveness in the electoral process, the Commission through its gender desk, organized quarterly, three days workshops for women groups, women candidates and persons with disability at all the regional centres in places like Tyco Hotel, Forest Hotel, Yegola and Chances Hotel, funded by USAID.

The key objective of some of these workshops was “Respecting gender equality and transparency, a core value and principle in election administration”. At these workshops Electoral commission officials were urged to be sensitive to the rights of PWDs and avoid discrimination of any kind in selection of election officials, siting of polling stations.

2.21 Election

The setting of the election date is the sole statutory responsibility of the Electoral Commission. However, this is done within the framework of specific constitutional provisions. Two constitutional provisions were considered in relation to the election of Members of Parliament and the swearing into office of the President.

42

E L E C T I O N S 2 0 1 2

In the case of Members of Parliament, the requirement was that the election should be held within 30 days before expiration of the period of the current Parliament. The election of the President, on the other hand was to be held not earlier than four (4) months or later than a month before the expiry of his term of office.

In order to satisfy the two requirements, the Commission settled on Friday, 7th December, 2012 for the Presidential and Parliamentary elections. As expected the Muslim Community disagreed on the choice of Friday but after some consultations the issue was resolved amicably.

ElectionDay

Voting on Election Day was peaceful, smooth and orderly. As usual voting started in most polling stations at 7:00 nationwide. Nonetheless, some centers commenced their operations as late as 10:00 am while others started at 1:00 pm due to lack of election materials or absence of polling officials. At such polling stations, the Electoral Commission directed that voting be extended in lieu of the number of hours lost.

At certain centres, the snail pace nature of processing voters who had waited for hours in long queues generated an atmosphere of anxiety, tension, confusion and frustration. In some cases police patrol teams had to be called in to calm tempers and to restore sanity for work to continue.

SecondDayofVoting

As a result of the inability to validate all voters due to verification challenges by close of day on 7th December 2012, The Electoral Commission gave a directive for the extension of the voting period at places where polling could not be completed; this was in line with Regulation 34(1b) of CI 75. Close to 413 polling stations were affected, that represented 1.6 percent of the country’s 26,002 polling stations where voting took place.

43

E L E C T I O N S 2 0 1 2

The extension of the voting day to 8th December, provided the Districts and Regional offices of the Commission that had defective Biometric Devices, to be re-activated, while BVDs used at polling stations where voting ended on 7th December, were refreshed and redeployed to centers in need of these devices. In addition adequate resources were made available for voting in those affected centres to ensure the process ran smoothly and peaceful.

PublicationoftheElectionResults

The Electoral Commission established under article 43 of the 1992 Constitution conducted the Presidential and Parliamentary elections in all the 275 constituencies in Ghana and at the end of the poll, the Commission declared John Dramani Mahama, the Presidential candidate of the NDC as president-elect. Thereafter, on 11th December 2012, the Declaration of President-Elect instrument, 2012 (C.I 80) was published under the signature of Dr. Kwadwo Afari-Gyan.

44

E L E C T I O N S 2 0 1 2

Tabl

e7:

201

2Pr

esid

enti

alE

lect

ion

Resu

lts

REG

ION

PRES

IDEN

TIAL

CAN

DIDA

TES

VOTE

R TU

RNO

UT

FIG

URE

S

J.DM

AHAM

A N

DC

H.H

LART

EYG

CPP

N. A

. D

AKUF

O-A

DDO

NPP

P. K

NDU

OM

PPP

A.A.

ODI

KEUF

P

A.

HASS

ANPN

C

M.A

.SFO

STER

CPP

J.OYE

BOAH

INDP

TOTA

L VA

LID

VOTE

S

TOTA

L RE

JECT

EDVO

TES

TOTA

LVO

TES

CAST

REG.

VOTE

RS

%TU

RN-

OUT

Wes

tern

582,

193

3,45

845

6,51

78,

599

746

1,27

43,

757

1,21

51,

069,

759

27,5

151,

0972

741,

425,

158

76.9

9

Cent

ral

492,

374

4,25

843

0,13

513

,873

716

1,07

21,

295

963

944,

686

26,3

6097

1,04

61,

231,

513

78.8

5

Gt.

Acc

ra1,

125,

751

2,27

61,

009,

787

9,53

242

51,

071

2,57

883

52,

152,

255

22,3

902,

174,

645

2,79

2,57

677

.87

Volt

a73

4,64

13,

239

111,

149

3,95

290

71,

353

2,18

72,

190

859,

618

24,1

2188

3,73

91,

156,

740

76.4

0

East

ern

485,

187

3,75

364

1,07

44,

923

611

1,01

61,

319

820

1,13

8,70

325

,673

1,16

4,37

61,

429,

682

81.4

4

Ash

anti

612,

616

5,48

31,

531,

152

6,59

41,

095

1,35

51,

802

823

2,16

0,92

029

,373

2,19

0,29

32,

557,

122

85.6

5

Bron

g A

hafo

511,

244

3,84

346

9,90

93,

686

691

1,16

91,

329

1,02

899

2,89

927

,571

1,02

0,47

01,

245,

954

81.9

0

Nor

ther

n57

0,60

26,

277

383,

263

7,30

31,

920

3,35

74,

145

3,11

197

9,97

834

,978

1,01

4,95

61,

263,

462

80.3

3

Upp

er E

ast

274,

019

3,02

612

0,81

42,

805

1232

8,01

71,

098

1,42

641

2,43

719

,611

432,

048

565,

097

76.4

6

Upp

er W

est

186,

134

2,61

083

,098

3,09

553

44,

933

813

2,79

028

4,00

714

,128

298,

135

364,

489

81.8

0

Nat

iona

l To

tal

5,57

4,76

138

,223

5,24

8,89

864

,362

8,87

724

,617

20,3

2315

,201

10,9

95,2

6225

1,72

011

,246

,982

14,0

31,7

9380

.15

Perc

enta

ge

of V

otes

50.7

%0.

35%

47.7

4%0.

59%

0.08

%0.

22%

0.18

%0.

14%

2.23

%

Sour

ce; R

& M

Dep

t, E

C.

45

E L E C T I O N S 2 0 1 2

TheEmergencyMeeting-;NationalPeaceCouncil,EC,NPP,NDCandCivilSocietyovertheElectionResults

On Sunday 9th December 2012, four leading members of the New Patriotic Party called on the Chairman of the Commission and made some allegations regarding the election results. An emergency meeting was called at the request of the Chairman of the National Peace Council, Most Rev. Prof. Emmanuel Asante at the Headquarters of the EC. The agenda of the meeting was to discuss concerns raised by the NPP, alleging fraud and malpractices in the 2012 presidential elections held on 7th and 8th December and to find amicable ways of addressing the NPP allegations.

The Chairman of the NPP, Mr. Jake Obetsebi Lamptey explained that the NPP had enough evidence pointing to a calculated plan to rig the elections in favour of the NDC’s presidential candidate, John Dramani Mahama; citing what happened at Dome-Kwabenya and further alleged they had reports of places where voting were conducted without the use of biometric verification and therefore asked for the stay of the declaration of the Presidential results, whilst pieces of evidence are gathered. Dr. Afari-Gyan informed the meeting that the EC would analyse the evidence and take a decision, he added that if the evidence was not compelling, the EC would declare the results once all the 275 constituencies are received.Dr. Afari-Gyan reminded the meeting that that was not the first time a political party was alleging electoral fraud, that the NDC made similar allegation in 2008. A group of NPP polling agents were invited into the meeting and they tendered in some “pink sheets” from those constituencies they alleged fraud. The meeting was temporarily suspended to allow the Commission members to examine the result sheets presented by the Agents. After an hour, the Chairman of the Commission informed the meeting that due to inability of the NPP to provide sufficient evidence, the EC would go ahead to declare the results.

46

E L E C T I O N S 2 0 1 2

3.1 Legalandinstitutionalframeworks

The 2012 elections, like others before it, occurred within a framework of laws. Primary among these laws was The 1992 Constitution, which serves as the most authoritative guide to the conduct of elections in this country (Ayee, 2011; Debrah, 2004). Chapter Seven of the Constitution discusses the “Representation of the People” and spells out in clear terms, the right of the citizen to vote. Specifically, Article 42 of the Constitution reads: “every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda.”

The Constitution further establishes the EC and assigns to it powers to enable it realize the provisions of Article 42. However, at the time that the 2012 elections were being held, the 1992 Constitution was undergoing review having served the country for over twenty years; making it a

47

THE POLITICAL SCIENCE ANALYSIS OF ELECTION 2012

03

Dr. Alidu Seidu

Dr. Alidu Seidu is a lecturer at the Political Science Department of the University of Ghana, Legon

transitional legal document. As part of the review process, many citizens petitioned the Commission to review a number of issues that have direct bearing on elections including the vote requirement for election into the Presidency, the election of the Vice President and the implication of a sitting President deserting the political party on whose ticket he/she won political power, among others. Indeed, Aiyede, et, al. (2013) observe that some decisions and regulations that provided direction for the 2012 elections were informed by consensus arrived at the Constitutional Review Commission (CRC) hearings (p. 14).

Besides the 1992 Constitution, other statutes on elections in Ghana include the Declaration of President-Elect Instrument (C.I. 32, 2000); Public Elections Regulations (C.I. 75, 2012); Representation of the People Law (PNDCL 284, 1992); Public Regulation (Registration of Voters) Regulation (C.I. 72, 2012) and the Elections and Public Officers Disqualification Decree (SMCD 216, 1978). The Declaration of President-Elect Instrument (C.I. 32) empowers the Chairman of the EC to declare a presidential candidate of a political party, President-elect of the Republic of Ghana.

This power is conferred on the chairman of the EC by Article 63(9). The Public Elections Regulations (C.I. 75, 2012) provided the general guidelines for the conduct of the 2012 elections and made provisions that border on issues such as the appointment of returning officers; nominations of candidates for the Presidential and Parliamentary elections; issues related to the general conduct of the polls in the country. The Representation of the Peoples’ Act (1992 and its subsequent amended forms) calls for the creation and review of electoral constituencies, units and centers. Further, the Public Regulation (Registration of Voters) Regulation (C.I. 72, 2012) provided the legal backing for the use of a biometric register and verification device in the 2012 elections.

These statutes are complemented by other legal instruments including the Electoral Commission Act (Act 451, 1993); Electoral Commission

48

E L E C T I O N S 2 0 1 2

(Amendment) Act (Act 655, 2003), and the District Assembly Election Act (Act 473, 1994). The Electoral Commission Act (1993 and Amended 2003) provides for the establishment of the Electoral Commission of Ghana and its responsibilities in the conduct of elections in the country, while the Elections Act deals with the fundamental aspect of the conduct of elections including the registration of voters. Perhaps the most controversial institutional framework under which election 2012 was conducted was the NVNV principle adopted by the EC following the introduction of the biometric register and verification device. Regulation 30(2) of the Public Elections Regulation (CI 75, 2012reads “The voter shall go through a biometric verification process.” The NVNV policy was therefore meant to allow only people who were biometrically verified to vote. Further, Regulation 34(1) of CI 75 states that the breakdown of the BVD could be grounds on which voting will be adjourned. Thus, the 2012 elections, originally scheduled to take place on the 7th of December, continued to the 8th of December in order to allow electorates at polling stations whose BVDs broke down to vote. This decision underscored the compelling nature of the NVNV policy. Cumulatively, Regulations 18(2), 30(2) and 34(1) of the Public Elections Regulations (CI 75, 2012) made the use of the BVD a mandatory part of the 2012 elections (NPP’s Written Petition, 2012:20).

The conduct of the 2012 elections was also shaped by international instruments related to elections that the country had ratified. These instruments include the African Union’s African Charter on Democracy, Elections and Governance (ACDEG) which came to being in an effort to “institutionalize the principles of good governance and democracy and stem the tide of unconstitutional changes in government” (IDEG,2014:9). Ghana signed onto this instrument on January 15, 2008 and ratified it on September 6, 2010. It eventually came into force on 15th February 2012. Ghana has also ratified the ECOWAS Protocol on Democracy and Good Governance (PDGG) which shares similar principles as ACDEG. Ghana’s 1992 Constitution established the legal and institutional framework for complying with the principles set out in the ACDEG and PDGG.

49

T H E P O L I T I C A L S C I E N C E A N A L Y S I S O F E L E C T I O N 2 0 1 2

This section demonstrates the legal underpinning of the conduct of the 2012 elections. The frameworks emanated from different authorities including domestic and international, as well as from the Constitution and other Legislative instruments.

3.2 Theoreticalunderpinnings

It is often a daunting task to gauge citizens’ electoral choices, especially in an environment where exit polls are rarely conducted and pre-election polls are hugely flawed. Theories that explain voter behaviour and the justifications behind electoral choices abound. For example, Ichino and Nathan (2013) argue that “ethnicity is a major determinant of voter choices in sub-Saharan Africa” (p. 344). Most scholars seem to subscribe to the ethnic motive in African elections. Ishiyama (2011) calls voting in Africa as ethnic-induced (p. 761) and Horowitz (1985) refers to it as “ethnic census” where people vote to register their identities as part of an ethnic group (cited in Ishiyama (2011:761). Elischer (2012) explains that voting in Africa is usually confined to “communal boundaries” (p. 643) and also issues related to identity such as ethnicity, religion and region. Heywood (2007) broadly labels these explanations as the sociological model of voter behaviour.

The sociological model (which explains voter behaviour based largely on social identities such as religion, race or ethnicity) is one of four models identified by Heywood to explain why people choose candidates in elections. The other three are the party identification model; the dominant ideology model, and the rational choice model. The dominant ideological model associates voter behaviour to ideology. Electorates vote for candidates or parties that have an appealing ideology. Ayee (2011) refers to ideology as “coherent sets of ideas that provide the basis for some kind of organized political action” (p. 368). In most democracies, ideology serves as the “selective incentive” (Ishiyama, 2012:765) for voters and it is manifested in political parties.

50

E L E C T I O N S 2 0 1 2

As determinative as ideology is suggested to be in voters’ decision-making, Elischer (2012) suggests that ideology is clearly missing in African politics because of “lack of industrial revolution” (p. 644) in the continent and the “very weak” relationship between political parties and organized groups such as trade unions. He concludes that in Africa, “party and party ideologies are not seen to differ much” (p. 643) and even where ideology seems to exist it “...is an eclectic mix of social democracy combined with political liberalism” (p. 643). Though it is valid to some extent to argue that ideology in African politics and even broadly across the globe is a “mix” of some kind of socialism and liberalism; it is however completely misplaced to submit that African politics lack ideological underpinning because industrial revolution never occurred in the continent. Indeed, African philosophy and perspectives about the world pre-dates the industrial revolution. And if ideology is assumed to be an organized collection of ideas that shape political action (Heywood, 2007, Ayee,2011) then the African innovative way of building greater civilizations and technological advancement in kingdoms such as Egypt, Mali, Gao, among others testify to pre-existing ideas that shaped their political actions.

Political ideology in Africa could be a mix of anything – African philosophy, culture, folklore, developmental ideas including Nkrumahism, ujamaa, harambee, ubuntu, among others have shaped and inspired collective action in the development of the continent. These thinking inspired collective action against colonial imperialists and became the determinative guide for the forward-march of African’s development. Chazan (1983) notes that ideology in Ghanaian politics is split between liberalism and socialism since the 1940s and was pioneered by the likes of J.B. Danquah, K.A. Busia and Kwame Nkrumah. However, Ayee (2011) notes that the emergence of the NDC and NPP has blurred this line of distinction. Indeed, Obeng-Odoom (2013) observes that the 2012 elections in Ghana was a context of three ideologies: social democracy espoused by the NDC; property-owning democracy adopted by the NPP and socialism/scientific socialism/Nkrumahism championed by the Convention People’s

51


Party (CPP) (p.77). He then notes that the remaining political parties put forward different versions of these three key beliefs. However, Gyimah-Boadi and Debrah (2008) notes that both the NDC and the NPP rely on “huge dose of populism” (p.34) rather than ideology and even where it matters the most the difference between them, ideologically, is not clear enough.

The party identification model, unlike the ideology, focuses on voters’ long term association to a political party. Voting in this model is largely a “partisan” affair in which electorates make their choice based on the “sense of psychological attachment that people have to their parties” (Heywood, 2007:266). This attachment shapes supporters’ attitude towards their party’s policies and leadership and influences the interpretation and understanding of everything that happened in the party along these pre-existing attachments (Heywood, 2007:266). In the party identification, I think three things might attract new voters and commit old ones to a party, psychologically. These are the kind of policies they aspire to implement (i.e.the manifesto); the character or nature of the leader of the party, and the track- record of the party. The impact of manifestos of political parties on their electoral success has attracted huge debate. According to Ayee (2011) party manifestos have played significant role in determining successes in elections the world over, including Ghana. Many scholars support this view too (see Gyampo, 2012, Konteh, 2007 and Wayo-Seini, 2006). Gyampo and Debrah (2012) acknowledge the salience of manifestos in Ghana’s elections but downplay its role in engaging voters. Yet, Dunn (1975; cited in Ayee, 2012:368) and Bob-Millar (2012) doubt the significance of manifestos in actually deciding a winner of an election in developing countries. Unlike the manifestos, the character of a party leader as well as the track record has inspired political parties to victories and have attracted more voters to same.

The rational choice model has been widely adopted to explain voter behaviour in many elections. It assumes that electorates elect a specific

52

E L E C T I O N S 2 0 1 2

candidate or political party in anticipation of the benefit that will accrue from their decision. Ayee (2011) refers to the seminal work of Down (1957) which argues that voters in established democracies vote based on the expected benefits they will get from their choice. Also, Bob-Millar (2012), in explaining factors that influence political activism among the two dominant political traditions in Ghana, states that supporters of the NDC and NPP perceive their support as an “investment” that will yield “selective incentives based on the amount of one’s contribution to the party” p. (681). Some academics even explained sociological variables that influence voting behaviour in rationalistic terms. For example, Ishiyama (2012), argue that voters are rational in thinking that leaders “who are members of their own ethnic or tribal community [(and by extension religious or regional area)] are more likely to dispense patronage to them than leaders who are not” (p. 764). This finding, according to Ishimaya (2012), is similar to that arrived at by Chandra (2004), Posner (2004, 2005), and Ferree (2006), who have all carried out research at different locations.

Though all these four models contribute in some respect to the way people vote, this paper takes the position that the rational choice model is dominant. The decision of voters to join a political party, according to Bob-Millar’s study in Ghana is informed by rational calculation and the incentives that may accrue from that party’s membership. Similarly, Ishimaya (2012) demonstrates that the impact of sociological variables in elections is underpinned by rationality. Also, the works of Gyampo and Debrah (2013), Ayee (2012) and Obeng-Odoom (2013) all suggest that rationality informs ideological posturing and choice of political parties just as it does for their policies. Therefore, though all these models could influence a voter’s choice, the majority position is that voters elect candidates and political parties based on rational calculations. This is more realistic in a voter population that is largely undecided, educated, urban, middle class and discerning.

As the Ghanaian population increasingly becomes sophisticated, urban

53


and discerning, their rigid affiliation to one political party shifts, making them more undecided. Undecided voters are discerning and may not just throw away their votes. This category of voters is the kingmakers in elections. The rational choice model explains voter behaviour as a “means to an end”, in other words, voting is a calculated act. If it is, how then do voters become rational and by what method? Rationality may be attributed to the experiences that voters have earned over several years of voting, and also the performance of candidates and/or parties they have voted for over the years. On the other hand, rationality could be gauged based on the ability of the voter to choose the party with the best policies among the several available options.

While the latter is backward-looking, the former is forward-looking. In the first instance, rationality and rational voting is exercised via-a-vis the track-record of the party or the individual; that has to do with the past. In the second, rationality is grounded in the anticipation of what the candidate or party may do. But how do we know what parties are capable of doing? Their manifestoes state it. In the forward-looking model, we analyze the manifestoes of the political parties and in the backward- looking model we analyze their past policy decisions, programmes and projects. In the next section that follows, this paper will examine the salient issues that enabled the NDC to win election 2012 and why the NPP lost. The paper also examines reasons for the abysmal performance of the smaller parties on the role of political parties in Ghana.

3.3 MattersofVictoryandDefeat; TheNDCandNPP

After two days of voting, Dr. Afari Gyan (the Chairman of the EC of Ghana) declared the incumbent John Dramani Mahama as the winner of the 2012 Presidential elections with 5,574,761 (50.70%), against his main challenger, Nana Addo Dankwah Akufo-Addo who got 5,248,898 (47.74%) of the total valid votes cast. Several reasons have been advanced by scholars in an attempt to explain the rather puzzling victory

54

E L E C T I O N S 2 0 1 2

of the NDC. The victory was puzzling because in the period leading to the elections, there were compelling evidences that the NDC was bound to lose the elections to the main opposition NPP.

This projection was informed by four factors: (a) the indictment of government in what became known as the Woyome scandal; (b) an internal pre-election polls conducted by the NDC in mid-June 2012 point to an NPP victory; (c) the divisions in the NDC resulting in the emergence of a new party led by the wife of the NDC’s founder; and (d) a generalized sense of governmental inertia and official indifference among the citizenry. Taken together, these factors pushed the NDC’s chances of victory in the 2012 elections to the margins especially because on two occasions the party lost the presidential election when some of its leading members broke away to form their own parties prior to the 2000 and 2004 elections, and the scale of the Woyome scandal implicated government officials and dinted the credibility of the party in fighting corruption. Yet, the NDC did not only win the 2012 presidential elections, it did so with a much bigger margin in comparison to the 2008 elections. This is puzzling, and more so because the NPP had a popular and well-marketed candidate, while the NDC even lost its presidential candidate Professor Atta Mills barely five months to elections and had to confront the elections with a reorganized presidential ticket.

Frempong (2015) points to three salient factors that might have contributed to an NDC victory in 2012 including the death of candidate Mills, the NPP over-reliance on the free SHS education programme and the over-monetization of the campaign by the NDC. The death of President Mills changed the dynamics of the 2012 elections in three ways. It somewhat “lowered the tempo” of the electioneering campaign (Frempong, 2015:219; CODEO, 2013) and threw the campaign of the NPP off gear for a while. The unfortunate event did not only lead to the suspension of the campaigns of both the NDC and the NPP (at least for a while) but also forced the NPP to re-tool their campaign message within some few months to elections. Prior to his demise, the strategy

55


was to attack his incompetence and misrule and some NPP supporters even attacked his person: calling him a sick man and often pronounced him dead while he was still alive. So when he finally died (and this being the first time in Ghana that a sitting President died in office) it drew a lot of sympathy from many Ghanaians. Though there is still a dearth of statistics (in percentage terms) on how this translated into sympathy votes for the NDC it nonetheless softened the hearts of some Ghanaians towards the party. Lastly, the death of President Mills ushered in candidate John Mahama who happens to be a Northerner. The NPP’s strategy of selecting a Northern vice-presidential candidate in the person of Dr. Mahamadu Bawumia was to tap into the NDC’s Northern stronghold. However, the selection of John Mahama as a flagbearer of the NDC changed this unforeseen dynamic. The campaign was therefore the election of a Northern President against a Northern vice-President and majority of Northerners chose the former.

Policy difference, especially in the area of education, separated the NDC from the NPP in election 2012. The educational policy of the two dominant political parties’ were geared towards enhancing the quality of education at the general level but with different approaches (Obeng-Odoom, 2013). Whereas the NDC assumed a gradualist approach to improving the quality of education in the country, the NPP took a radical strategy and promised to offer free Secondary School education should the party win the election. Yet, according to Frempong (2015) it was not so much of the NPP’s educational strategy that handed victory to the NDC but rather the former’s over-reliance on that policy to the detriment of other serious policy issues that did. Even in doing so, they had difficulties in explaining what their ‘Free Senior High School’ policy was and how to fund it. The NDC raised serious questions about feasibility, funding and infrastructure and provided an alternative way of approaching the subject which so many floating voters agreed with. Education being at the centre of issues during the election period, the NDC managed to score political points with their explanation of introducing a progressively free high school education as stipulated in the 1992

56

E L E C T I O N S 2 0 1 2

Constitution. They explained that the mere scraping of school fees would not solve the problems in the educational sector whilst accessibility is low and quality is not achieved. Therefore there was a need for increasing accessibility first, training more teachers and equipping the schools with the needed materials for teaching and learning before the free aspect can be introduced. With this, they promised to build 200 more Community Day Senior High Schools across the country, equip Training Colleges and turn Polytechnics into Technical Universities. This explanation was more convincing for voters than what the NPP offered.

The NDC also made good use of their incumbency and according to Frempong (2015:219) “over-monetized the campaign” especially after John Mahama was confirmed the flagbearer. Being the party in power, the NDC enjoyed some useful advantages that helped them to come out as victors of the election. The party was able to mobilize resources to kick start a vigorous campaign. As the political party in power, most of the key members, who also doubled as financiers, including the National Executive Council members, Members of Parliament, Parliamentary Candidates and the Regional Executives were highly likely to get most of the government contracts which helped them to prepare financially towards elections. It is evident in how ostentatious the NDC spent during their campaign, including the distribution of Mahama branded cars, laptops and other party paraphernalia to students and perceived sympathizers.

Related to the issue of incumbency is the growing perception that just a term in office does not help leaders to do enough for the country. The issue of term limit in African democracy has gained so much currency with increasing demands from leaders to have national Constitutions amended to pave way for their continued stay in power. Yet, in Ghana, especially since the beginning of the Fourth Republic, there seems to be a commonly shared understanding that elected political parties should be given two terms in office to enable them complete the wonderful projects that they have started. The NDC widely invoked this common understanding among the Ghanaian electorates and made references to

57


the reigns of Jerry Rawlings (1993-2001) and John Kuffuor (2001-2009). Therefore whilst the NPP was calling on Ghanaians to give them the mandate to govern, the NDC countered that with their own argument that President Mills had started things that were yet to see completion therefore candidate John Mahama had to be given the nod to finish them up. This situation also went against the electoral fortunes of the NPP.

Perception also counted a lot in the defeat of the NPP and the victory of the NDC. Nana Akufo-Addo was easily perceived as arrogant and a war-monger by his political opponents. And a leaked secret tape that went viral during the election lent support to this claim that the NPP did little to counter. In that purported tape, Nana Akuffo-Addo is heard saying that “all-die-be-die” and urging on his supporters to use all means possible to get him elected. This did not only portray him as a “war- monger” but also someone who was so desperate for political power (Frempong, 2015:219). Even though that might not have been the intended take home message of his statement, he did not also help himself and his party by being silent over it. At least a press release denying or apologizing for such a diatribe could have assuaged the suspicion of many Ghanaians. However, his refusal to comment on that issue; the justifications given to it by communicators and having those words printed on party t-shirts and worn at rallies and other functions painted the party violent with an arrogant leader. This was in stark contrast to the polo t-shirt bearing John Mahama’s face who was nicknamed the “ahobrasiehene” (the humble one). Therefore a lot of people chose humility over supposed arrogance in the election.

Except the policy on education (i.e., the free secondary school debate) which could be framed in both ideological and policy perspective, the rest of the reasons advanced above hardly fit into the theoretical frames presented earlier. The issue on education was a great policy debate that almost overshadowed the personality campaigns that usually characterize elections in the country. However, it also reinforces submissions made by Gyimah-Boadi and Debrah (2008) that populism rather than ideology

58

E L E C T I O N S 2 0 1 2

separate the NPP and the NDC. A completely free senior secondary school policy should, on ideological basis, come from a social democratic leaning party and not a complete liberal democratic party that believes in property owning democracy. Yet, in election 2012, the capitalist oriented liberals were proposing free secondary school and the social democrats were almost completely against it. The sociological model only featured in the regional permutation of the presidential candidates in order to achieve regionally-balanced tickets. However, it didn’t completely work out because the NDC candidate (a Northerner) managed to win eights regions including the three Northern regions and even in the two Southernregions that he lost he got 42.6% in the Eastern region and 28.1% in Ashanti region (Frempong, 2015:219). The possible explanation for this outcome will be rational calculations of the electorates. It suggests that voters may overlook sociological alignments, as well as ideology and choose a candidate that they believe will bring them reward. The other reasons advanced in this section, besides the policy and regional issues were largely psychological and emotive decisions including the simplicity of the NDC flagbearer compared to the alleged arrogance of the NPP’s; the sympathy vote arising from the sudden death of candidate Atta Mills, and the incumbency advantage leading to the “over-monetization” of the NDC’s campaign. If these factors and many more not discussed in this paper caused the defeat of the NPP, what then separated the performance of these two big parties from the other smaller ones that also contested the 2012 elections? The section that follows explores this question.

3.4 Thesmallerpartiesinelection2012

The results of the 2012 elections reinforced the duopolistic nature of the Ghanaian political system. According to Ethridge and Handelman (2008) a political system becomes duopolistic when two major parties regularly divide more than 75% of the national vote but with no single party receiving as much as 65% of the total votes. In the 2012 elections, the NDC candidate had a national vote of 50.7% and that of the NPP 47.7%; leaving the remaining six other candidates a combined fortune of 1.6% (Frempong, 2015: 219).

59


Table8:PresidentialVotesoftheNDCandNPPsince1992Elections

Elections 1992 1996 2000 2004 2008 2012

NDC 58.3 57.4 44.6% (43.1%) RO 44.6 47.9 (50.2%) RO 50.7%

NPP 30.4 39.6 48.2 (56.9%) RO 52.2 49.1 (49.8%) RO 47.7%

CombinedVotes

88.7% 97% 92.8% (100%) RO 96.8% 97% (100%) RO 98.4%

Source: various but mainly from EC website and Frempong (2015)

Key: RO = Run-ff

It is obvious from Table 1 that in all the elections that Ghana had since 1992, the NDC and the NPP have managed a combined vote of more than 75% of the total national votes and none of these parties is able to secure as much as 65% of the total votes in all these elections. Technically, Ghana is a de facto two party state notwithstanding the constitutional provision that the country is a multi-party democracy. This arrangement has a huge impact on the electoral fortunes of the smaller political parties.This section discusses only the Convention Peoples Party, the Peoples National Convention and the Progressive Peoples Party

The CPP recorded one of its disappointing performances in election 2012 since the return to multi-party democracy in 1992. As the political party that won the first post- colonial elections and eventually formed the first post-colonial government, a lot was expected from it as it has always been in previous elections before the 2012 one. Its Presidential candidate, Dr. Abu Sakara Foster (an Agronomist and an eloquent orator), managed just 20,323 votes out of the 14 million total valid votes cast; representing 0.18%. The party also lost its only seat in parliament, the Jomoro Constituency seat which was held by the daughter of the First President of Ghana and the Founder of the party, to the NDC. This performance was not impressive when compared to their performance in

60

E L E C T I O N S 2 0 1 2

election 2008 when Dr. Papa Kwesi Ndoum managed 113,494 (1.34%) of the total valid votes cast and got one seat in parliament won by Samia Nkrumah. A few months to the 2012 elections, the CPP’s 2008 flagbearer parted ways with the party and formed his own political party (PPP). This decision (regardless of the reason or motivation) affected the public image and the electoral fortunes of the party. As a wealthy businessman, Dr. Nduom single- handedly financed most of the campaign and business activities of the party. His business achievement and management skills enhanced the image of the CPP. So when he was leaving, he left with many top rank officials at the grassroots and the regional levels. This new party managed 64,362 votes representing 0.59% of the total votes cast, almost three times the CPP’s votes. Also, the flagbearer who took over from Papa Kwesi Nduom had almost all the traits of the NDC flagbearer: a Northerner and a Gonja from the Guan extraction, eloquent with great academic credentials. So most electorates who would have considered these variables saw it also in the NDC candidate and it was therefore an investment between the NDC and the CPP. Most electorates believed the NDC had more chances than the CPP. Indeed, some of the moderate supporters of the CPP had found comfort in either the NPP or the NDC and have over the years provided lip service to the party and voted for the two bigger parties instead.

The bane of the PNC in election 2012 was largely the flagbearer and the type of image he projected. Since the return to multi-party democracy in 1992, the PNC has had three flagbearers: Dr. Hilla Liman (in the 1992 elections); Dr. Edward Nasigri Mahama (1996, 2000, 2004 and 2008) and Hassan Ayariga (2012). Unlike the past two candidates, Hassan Ayariga presented himself as a maverick and at times was seen as less serious compared to the other candidates. This attitude was more pronounced during the IEA Presidential Debates organized in Tamale and in Accra. He was often seen by some Ghanaians as jovial, and doing the bidding of the ruling NDC. In the last debate in Accra, he was seen heckling the NPP’s candidate in an unrepentant coughs whenever the latter was making his submission. The manner in which the Ghanaian electorate

61


perceived him was manifest in the introduction of a new cough mixture in the market called “Ayari Cough”. Certainly, as discussed under the party identification model, three things attract voters to a party: the policies, the image of the party and the image of the person leading the party. Hassan Ayariga made the PNC less attractive to voters through his inability to clearly articulate the party’s policies and the jovial reputation he had earned for himself.

The Progressive People’s Party (PPP) was formed by Papa Kwesi Ndoum when he broke away from the CPP. Though newly formed, it was able to rub shoulders with the NDC and the NPP and eventually emerged as the third force with 0.59% of the national vote. This demonstrates the organizational capacity of the flagbearer and the role of resource (financial and material) in Ghanaian elections. Another newly established political party that broke away from the NDC was the National Democratic Party (NDP). It was formed by the wife of the founder of the NDC, Nana Konadu Agyeman Rawlings, following her humiliating defeat to the late John Atta Mills in the NDC congress held at Sunyani. However, it could not field a presidential candidate after they failed to submit credible documents before the deadline date of submission. Sadly, both parties notwithstanding their ability to field enough parliamentary candidates were unable to annex a single seat. Therefore their impact was not so much felt in the 2012 election.

What is becoming increasingly clear in this section is the dwindling fortunes of the smaller political parties in Ghanaian politics. With reference to the previous five elections, it is obvious that Presidential elections in the country are fought between the NDC and the NPP. The smaller parties only make it a multi-party contest. In the history of the Fourth Republic, it is only in two occasions that smaller political parties have been able to push the elections into a run-off (2000 and 2008). Their general performances keep deteriorating. In 2000, the smaller parties managed just 6.7% of the total votes; in 2004 it came to 2.92% and in 2008 it was 2.72 (minus the 0.23% by the independent candidate).

62

E L E C T I O N S 2 0 1 2

It was therefore obvious that a miracle will be required to improve their collective fortunes in 2012. Truly, they managed just 1.56% of the total votes. These parties, who all adhere to, and practice some variant forms of socialism (Obeng-Odoom, 2013; Bob-Millar, 2012) could see an improvement in their electoral fortunes when they merge. The difficulties remain in the selection of the leader, the party symbol and financing the new party. However, a coalition of this kind will help in maximising the scarce individual resources that they all have and will help in revamping party structures at the grassroots level.

3.5 Independentsandfailed presidentialcandidates

Another interesting development in Ghana’s politics is the role of independent Presidential candidates. In election 2012, Jacob Osei Yeboah happened to be the only independent Presidential candidate and he managed to pull 15,201 votes representing 0.14% of the total valid votes cast. This did not come as a surprise considering the performance of the 2008 independent candidate, Kwesi Amoafo- Yeboah who pulled 19,178 votes representing 0.22%. This candidate did very well against all the odds that bedevil even smaller parties in an unfavourable electoral system.

Even though candidate Jacob Osei Yeboah did very well as an Independent candidate, the Ghanaian voter population is very suspicious of independent presidential candidates that hardly have broader grass root support and the needed personnel to form a government should they win elections. Besides, independent candidates face the challenges that smaller parties face (i.e., funding and material logistics) in the country. The gradual monetization of elections in Ghana increasingly makes it difficult for both smaller or less wealthy and independent candidates to surmount the most difficult task of buying votes.

The performance of the independent candidates was better than

63


those candidates that were unable to contest. Election 2012 witnessed the highest number of failed Presidential candidates, relative to the previous five elections (Frempong, 2015:217). Nana Konadu Agyemang Rawlings of the NDP; Akua Donkor of the Ghana Freedom Party (GFP); Daniel Nkansah of the New Vision Party (NVP) and Kofi Apaloo of the Independent Peoples’ Party (IPP) all had their forms rejected by the EC for “incomplete nominations” (p. 218) and two others T.N. Ward-Brew of the Democratic People’s Party (DPP) as well as Kofi Wayo of the United Renaissance Party (URP) never returned the nomination forms that they had picked from the EC (Frempong,2015).

3.6 Regional,ageandgender dimensionsofelections2012

Election 2012 had many dynamics, including the geographical or regional permutations of the parties’ tickets; youth participation and the gender dimension. There were three Northern flagbearers and one running mate. In the history of the Fourth Republic, Northerners are mostly selected as running mates to balance the tickets of elected Southern flagbearers (Frempong, 2015). And on few occasions, the reverse happens. In the 1992 transitional elections, Dr. Limann was the only Northerner leading a political party out of the seven parties that contested that election. The NPP had a Northern running mate in the person of Roland I. Alhassan while the People’s Heritage Party (PHP) had Ibrahim Mahama as running mate. In the 1996 second national elections, only the PNC had a Northern flagbearer, in the person of Dr. Edward Nasigri Mahama, who had replaced the former President and party founder, Dr. Hilla Limann. In the fifth national election in 2008, there was only one Northern flagbearer in the person of Edward N. Mahama on the ticket of the PNC. There were also three running mates on the ticket of the NPP (Dr. Mahamadu Bawumia), the NDC (John Dramani Mahama) and the CPP (Dr. Abu Sakara Foster).

64

E L E C T I O N S 2 0 1 2

However, in the sixth national election in 2012 there were three Northern flagbearers and one running mate. The flagbearers were: John Dramani Mahama (NDC); Hassan Ayariga (PNC) and Michael Abu Sakara Foster (CPP). Dr. Mahamudu Bawumia was retained by the NPP as a running mate. President John Mahama of the NDC won eight (8) regions, including the three Northern regions (Northern, 58.2%; Upper East, 66.4%, and Upper West, 66.5%) (Frempong, 2015:218). The NPP lost in eights regions and got 39.1% in Northern, 29.3% in Upper East and Upper West regions. The PNC won 0.4% in Northern, 1.9% in Upper East and 1.7% in Upper West. The CPP got 0.3% in Northern, 0.5% in Upper East and 0.3% in Upper West (Frempong, 2015: 219).

This outcome, in terms of Northern vote favoured the NDC’s John Mahama. The participation of younger candidates in election 2012 was encouraging. They were seen more on campaign platforms and during party rallies than in contesting for the ultimate. Bob-Millar (2012:670) defines their role and motive. According to him, “platform activist” are mostly graduates of tertiary institutions and who were linked to the students’ groups of the two major political parties: the Tertiary Institution Network (TEIN) or Tertiary Education and Students Confederacy (TESCON).

Bob-Millar (2012) notes that their roles are already cut for them: “[a] select few known locally as ‘serial callers’ are resourced by their parties to monitor radio and TV discussions, and when the situation demands it, to phone into radio stations to ‘clarify issues on the party’s position’ (p. 670). While others make “substantial financial contributions” (p. 670) with the hope of reaping the benefits of their investments should their party win. Others have been brave enough and have put themselves up for election. For example, the PNC presidential candidate, Hassan Ayariga, was the only one to fall below the age of 45. And some have actually won parliamentary seats including Fiifi Flavi Kwetey, Samuel Okudzeto Ablakwa, Murtala Mohammed, Ashie Moore, Arthur Cassiel Kesson and Kwabena Bless John Oti of the ruling NDC, and Adwoa Safo, Afenyo-

65


Markins, Kwame Seth Acheampong, Abenaa Osei-Asare and Ama Pomaa Andoh of the NPP.

The gender dimension was also impressive. Out of the 1,332 candidates that vied for the 275 parliamentary seats, only 134 candidates representing 10.06% were women and only 24% (30) got the nod to represent their constituencies in parliament. The consolation is that this performance was an improvement of the 2008 election that presented only 103 women candidates and 19 eventual winners. Also parties like CPP, PNC and PPP picked Nana Akosua Frimpomaa, Madam Helen Sanorita Dzatuge Matrevi Madam Eva Lokko and respectively as running mates: one above the number in 2008. Additionally this period witnessed two failed women presidential candidates, thus, Nana Konadu Agyemang Rawlings of NDP and Madam Akua Donkor of GFP. This shows the growing interest of women in politics in Ghana. In the report of the Economic Community for West African States (ECOWAS) Observation Mission, it recommended that the incoming administration and parliament consider the adoption of affirmative action to enhance the capacity of women to participate in the elected positions in the country. This gives evidence to the fact that the performance of women in politics has left much to be desired.

3.7 Issues-basedcampaigns

The campaign in the run-up to the 2012 elections was largely seen as issues-based rather than the politics of personalities and insults that had characterized previous elections in the country. Indeed, the free Senior High School (SHS) education policy as proposed by the NPP dominated the other policy issues but generally did not knock them out.

The issues-based campaign was magnified by the IEA Presidential and Vice-Presidential Debates held at Tamale and Accra respectively; the Ghana Broadcasting Corporation debate for Flagbearers of political parties without representation in the country’s legislature and the Centre for Democratic Governance’s (CDD) hosted debate for selected

66

E L E C T I O N S 2 0 1 2

Members of Parliament. The previous five elections also had elements of issue-based campaigns and an IEA provided platforms, but generally, the 2012 one dominated.

3.8 MattersofVictoryandDefeat; Parliamentarylevel

Unlike the 2008 elections, the parliamentary elections in 2012 were conducted in 275 constituencies following the decision of the EC to create an additional 45 constituencies to the already existing 230. The decision of the EC to create these additional constituencies stirred some debate, notably among the NDC and the NPP, as it was done only ninety clear days to elections. Within this limited time, political parties had to select parliamentary candidates and mobilize resources to contest these new seats. The smaller parties were affected the more, in contesting these new seats, than the NPP and the NDC.

The opposition NPP read political meanings into it and accused the ruling NDC of gerrymandering. Though the creation of new constituencies is the sole prerogative of the EC, it has other political ramifications as well (Alidu, 2014). It requires the simultaneous powers of the President, the Local Government Minister and the office of the EC: the President has the power to create new districts and paves way for the Minister of Local Government to establish Assemblies for each District as provided for in Sections 1 and 2 of the Local Government Act (Act 462) (CRC Report, 2013). Therefore, the creation of districts and the establishment of district assemblies involve the demarcation of local electoral areas and the conduct of district level elections.

Since every party, specifically the two dominant parties, contesting the Presidential elections also need majority of seats at the legislature; it stands to reasons that there will always be accusations and counter accusations of gerrymandering especially since the Executive share in the power of the EC in creating new constituencies. Indeed, similar accusations were

67


made when President John Kufour created additional thirty seats during the 2004 elections.

In that election, the NPP won 17 out of the 30 seats created while the NDC took 12 seats and one independent candidate winning the remaining seat. In 2012 the results was not different. The NPP and NDC split the seats of the newly created constituencies. The NPP won 23 seats and the NDC 22 seats highlighting the disadvantage of the timing to the smaller parties.

Table9:Existingandnewlycreatedparliamentaryseatsbyregions

RegionNo. of

contested seats

Additional seatsadded from the45 new seats

Ashanti Region 47 8

Brong Ahafo Region 29 5

Central Region 23 4

Eastern Region 33 5

Greater Accra Region 34 7

Northern Region 31 5

Upper East Region 15 2

Upper West Region 11 1

Volta Region 26 4

Western Region 26 4

Total 275 45

Source: Adopted and reduced from Frempong (2015:224-225)

At the party level, the NDC and the NPP were the only parties that contested in all the 275 constituencies; followed by the PPP which filed 211 candidates, then the National Democratic Party with 155; the CPP

68

E L E C T I O N S 2 0 1 2

with 145 and the PNC with 94 which they won 1 seat (Frempong, 2015). Other political parties that contested were the DPP with 16 candidates, UFP with 7 candidates, IPP with 5 candidates, the GCPP (Great Consolidated Peoples Party) with 2 candidates, the URP and the NVP with 4 candidates each; the GFP with 3 candidates and the Yes People’s Party (YPP) with a candidate. The table 3 below presents the breakdown:

Table10:Seatscontestedandwonbypoliticalparties

Political Party No. of candidates filed No. of seats won

NDC 275 148

NPP 275 123

PPP 211 0

NDP 155 0

CPP 145 0

PNC 94 1

DPP 16 0

UFP 7 0

IPP 5 0

NVP 4 0

URP 4 0

GFP 3 0

GCPP 2 0

YPP 1 0

Total 1197 272

Source: various sources, specifically Frempong (2015) and EC’s website

The NDC and the NPP were the only parties that contested in all 275 constituencies and won 148 and 123 seats respectively, followed by the PPP with 211 with no seat won, NDP with 155 and nothing won: CPP with 145 but no seat and the PNC with 94 which they won 1 seat. This

69


indicates that the 2016 elections will likely be a fight between the NDC and the NPP at the parliamentary level and the smaller parties will just add up to the numbers.

3.9 Thefallofthebigwigsandthemajorplayers

At the individual level, the 2012 elections came with the fall of bigwigs and major players in Ghanaian politics. Though some were anticipated, others were surprising. In the Northern Region for example, in the Nandom constituency, the then Deputy Minority Leader, Hon. Ambrose Dery lost to Hon. Benjamin Kumbour, the then Attorney General. This was shocking because of the landslide victory the victor had (13,735 as against 6,538). In the Talensi Constituency, Hon. John Akologo Tia lost his seat to the NPP candidate, Nachina Mosore with a slight margin whilst the affable Moses Asaga of the NDC lost to Boniface Gambila in the Nabdam Constituency. Another was in the Effutu Constituency in the Central Region where the then Minister of Lands and Natural Resources, Mr Mike Hammah who happened to be the incumbent was ousted by the “small boy danger” Alexander Afenyo-Markins of the NPP with a margin of 2,085 votes. In the same region, Dr. J. S Annan, the incumbent and the then Deputy Minister of Trade and Industry was unseated by Dr. Ato Arthur of the NPP in the Komenda-Edina-Eguafo-Abrem (K.E.E.A) Constituency. This was also a landslide victory with a margin of about 8,000 votes. In fact, Annan’s defeat was induced by the presence of an ex-Member of Parliament, Dr. Ato Quarshie, as an independent candidate who placed second with a vote percentage of 26.8%. In the Western Region, the enterprising daughter of the first president of Ghana, Samia Yaba Nkrumah lost her Jomoro seat to Francis Kabenla Anaman after just one term in parliament.

Besides these surprises at the political party level in the parliamentary elections, there were similar occurrences at the independent candidate level. In the parliamentary elections, a total of 120 out of the total of 1,332 parliamentary contestants were independent candidates. The notable

70

E L E C T I O N S 2 0 1 2

ones were those that lost their primaries in the NDC including Mr Joseph Kwadwo Ofori (who won the Akan seat), Emmanuel Tetteh Kabu (Ada), Afenyo Tony (Ashaiman), Isaac Awuku Yibor (Domeabra/Obom), Paul Derigubaa (who won Jirapa), Labik Joseph Yaani (Bunkpurugu), Alfred Donkor Odzidzator (Kpandai), Alhassan Dahamani ( who won Tamale North) and Thomas Brepong Laten (Tatale Sanguli). The Tatale, Sanguli, Kpandai and Bunkpurugu seats that used to be comfortable seats for the NDC were lost due to the sterling performances of the independent candidates. In all, only 3 out of the 120 independent candidates made it to the 6th Parliament of the Fourth Republic.

Notwithstanding the fact that the number of independent candidates that got the nod to parliament reduced from 4 in 2008 to 3 in 2012, it is evident that most of these independent candidates performed creditably better than their colleagues who stood on the tickets of the various political parties in so many constituencies.

Table11:NumberofseatscontestedbyIndependentcandidates

Region No. of Constituencies No. of Candidates No. of Independent Candidates

Greater Accra 34 202 21

Central 23 106 6

Western 26 111 8

Ashanti 47 228 18

Eastern 33 152 17

Volta 26 125 16

Northern 31 154 18

Brong Ahafo 29 128 10

Upper East 15 63 2

UpperWest 11 59 4

Total 275 1,332 120

Source: Electoral Commission

71


The outcomes in the parliamentary elections across the country could be explained by the increasing phenomenon of “ticket splitting”, known locally as “skirt and blouse” voting. The phenomenon of voting “skirt and blouse” became prominent in the 2004 elections and signifies a “situation where a person votes for a presidential and parliamentary candidates belonging to different political parties” (Boafo-Arthur, 2004:47). “Skirt and blouse” voting signifies two things: voter sophistication and also rational decision making. Majority of Ghanaian voters have become increasingly discerning and more rational in deciding who leads them and in anticipating the rewards of the voting investment that they make. The defeat of some major big wigs in election 2012 by new parliamentary debutants and also independent candidates could be explained by the increasing sophistication of the Ghanaian voter more than just partisan, ideological or sociological associations.

Therefore, if a voter belongs to party A but realizes that the parliamentary candidate of party B is better placed to represent the interest of his constituency, he votes for the presidential candidate of his party and the parliamentary candidate of a different party. In the 2012 elections, “skirt and blouse” voting occurred in 26 constituencies where one party wins the presidential elections and the candidate of a different party or an independent candidate wins the parliamentary slot. These constituencies are presented below in Table 5.

Table12:Recorded“skirtandblouse”votes

Constituency Presidential Results Parliamentary Results

Agona West (Central Region)

48.69% 49.83% 58.29% 44.86%

Ahafo Ano North (Ashanti Region)

48.44% 50.66% 50.37% 49.29%

Ahanta West (Western Region)

42.86% 53.88% 45.74% 43.49%

Akan (Volta Region)

73.27% 23.6% 28.31% 30.81%

(IND)

72

E L E C T I O N S 2 0 1 2

Akwatia (Eastern Region)

47.72% 51.61% 50.44% 49.07%

Amenfi East (Western Region)

49.25% 49.55% 59.42% 40.18%

Asuogyaman (Eastern Region)

54.19% 45.06% 46.55% 51.79%

Ayawaso West Wuogon (Greater Accra)

49.86% 49.05% 47.63% 50.30%

Builsa South (Upper East Region)

59.13% 19.49% 36.19% 46.96% (PNC)

Bunkpurugu (Northern Region)

64.01% 31.83% 36.41% 38.85%

Effutu (Central Region)

49.26% 48.87% 44.36% 53.68%

Ejura Sekyedumase (Ashanti Region)

55.79% 43.24% 49.10% 49.78%

Hemang Lower Denkyira (Central Region)

48.82% 49.27% 50.06% 49.94%

Jaman North (Brong Ahafo)

57.46% 40.81% 49.66% 50.34%

Jirapa (Upper West)

78.25% 12% 41.90% 48.39%

(IND)

KEEA(Central Region)

55.57% 34.45% - 38.17%

Kpandai(Northern Region)

58.43% 37.93% 36.12% 42.48%

Nabdam(Upper East Region)

59.56% 37.31% 46.73% 50.67%

Nkoranza North(Brong Ahafo Region)

49.69% 48.94% 46.49% 50.00%

Offinso North(Ashanti Region)

49.57% 49.42% 48.56% 50.36%

Talensi(Upper East Region)

63.35% 26.36% 33.22% 41.46%

Tamale North(Northern Region)

75.36% 22.6% 36.35% 38.67%

(IND)

73


Tano South(Brong Ahafo Region)

47.44% 51.62% 51.49% 51.62%

Tatale Sanguli(Northern Region)

49.02% 43.33% 32.93% 33.10%

Tema East(Greater Accra Region)

50.73% 48.43% 47.68% 47.69%

Wenchi(Brong Ahafo Region)

50.11% 48.37% 45.49% 50.90%

Source: Peace FM online

3.10 Abrushwithviolence;contesting theparliamentaryelectionresults

The results of the 2012 elections were contested at the Supreme Court by Nana Akufo-Addo, Dr. Mahamudu Bawumia and Mr. Jake Obetsebi Lamptey on the conviction that the elections were fraught with ‘a number of constitutional and statutory violations, malpractices, and irregularities’ (NPP’s Written Petition, 2012) that compromised the credibility of the results declared by the EC (Alidu, 2014). These alleged violations were categorized into six namely:

• widespreadinstancesofover-voting,i.e.wherevotescastexceeded(a) the total number of ballot papers issued to voters on election day or (b) where votes cast at various polling stations exceeded the total number of registered voters in violation of Article 42 of the Constitution, the universally-acknowledged principle of “one man, one vote” and Regulation 24 (1) of C. I. 75’ (NPP Written Petition, 2012)

• widespreadinstancesofpeoplevotingatpollingstationswithoutpriorbiometric verification in violation of the law governing the elections of December, 2012, particularly, Regulation 30 (2) of C. I. 75’ (NPP Written Petition, 2012)

74

E L E C T I O N S 2 0 1 2

• widespread instances of polling stations where allegedresults appearing on the pink sheets were not authenticated by the signatures of presiding officers or their assistants in violation of article 49 (3) of the Constitution and Regulation 36 (2) of C. I. 75 (NPP Written Petition, 2012)

• voting in certain locationswhichcouldnotbe identifiedaspartofthe official list of 26,002 polling stations created by the Electoral Commission for the conduct of the December 2012 presidential elections’ (NPP Written Petition, 2012)

• polling stationswhere different resultswere strangely recorded onpink sheets bearing the same polling station codes, contrary to the expressed and accepted policy of the Electoral Commission for each polling station to be assigned a unique code in order to guarantee the integrity of the results and to avoid confusing one polling station with another’ (NPP Written Petition, 2012)

• pollingstationswhere‘differentresultsweredeclaredonpinksheetsbearing the same serial numbers, contrary to the established procedure of the electoral commission’ (NPP Written Petition, 2012)

Based on the above arguments, the petitioners therefore sought three reliefs as set out in Form 30 of the Supreme Court (Amendment) Rules, 2012, C. I. 74. First, that John Dramani Mahama, the 1st respondent in the Election Petition was not the validly elected President of the Republic of Ghana, and second; that the leader of the opposition and the first petitioner in the election dispute, Nana Addo Dankwa Akufo- Addo, rather was validly elected President of the Republic of Ghana. The third relief is the consequential orders that may emanate from the Supreme Court.

The petitioners believed that these six categories of irregularities identified were outcome determinative and have the potential of changing the victory of the EC’s declared winner of the 2012 elections.

75


After almost eight months of legal battle, the Supreme Courts, on the 2nd of April 2013 announced that the trial will be built on two fundamental issues: first, whether these alleged violations happened, and second if it indeed occurred whether it has an impact on the results of the elections (Alidu, 2014). On the 29th of August, the nine panel judges unanimously dismissed ‘the claims relating to Duplicate Serial Numbers, duplicate Polling Stations Codes, and Unknown Polling Stations.’ Also by a majority decision, they dismissed the claims of Over-voting (5:4); the claims relating to the Absence of Signatures of Presiding Officers (5:4), and the claims relating to Voting without Biometric Verification (5:4) (Alidu, 2014). Justice William Atuguba, the Presiding Judge on the case, finally confirmed the declaration made by the Chairman of the EC that, the First Respondent [President John Dramani Mahama] was validly elected and the Petition was dismissed.

In many other African countries, including Kenya, Cote d’ Ivories and Zimbabwe, issues of elections has led to violence. According to (Saidman, et al, 2002) the mobilization of political parties in Africa along ethnic lines increased the potential of electoral violence in the continent. Ghanaian elections since the beginning of the Fourth Republic are perceived to have ethnic undertones (Friday, 2007). Yet, Ghana has always managed to evade conflict every four years that elections are conducted notwithstanding the magnitude of the tension in the lead up to the elections. In 2012, just like in most elections, Ghanaians have always relied on existing democratic and peace infrastructures in the country. Democratic institutions such as the Judiciary is very significant in preventing conflicts related to elections if there is a reasonable amount of trust in them. The NPP decided to go to court because of two reasons among several lots: there exists democratic institution such as the Judiciary, and second, because they have confidence in that judicial institution to deliver justice and nothing more. The press statement of Nana Akufo-Addo certainly confirmed this conviction. Though he disagreed with the decision of the court, he respected the verdict that was handed to him and his co-petitioners. This is a great mark of consolidation of democratic values and the institutionalization of constitutionalism in the country.

76

E L E C T I O N S 2 0 1 2

Also, the role of Ghanaian peace infrastructures including the National Peace Council and the coalition of civil society organizations provided great preventive mechanism that craftily guided the 2012 elections to a peaceful end. The role of the IDEG, CFI and the NPC in organizing the Kumasi Peace Accord in which all contesting flagbearers pledged to uphold the peace and defend the peace of the country; the Dzorwulo-STL incident (in which NPP youth supporters mobilized at a Dzorwulo upon the rumour that the IT company contracted by the EC was receiving results across the country and changing them in favour of the NDC); the NPP’s press conference that called for the suspension of the announcement of the 2012 elections until investigations are conducted to alleged electoral mal-practices, all contributed to heightened tension in the country (Alidu and Braimah, 2015). In all these cases the NPC and other civic bodies were quick to forestall anything untoward happening. Finally the vigilance and professionalism of the Ghanaian security forces helped in preventing violence (Aubyn and Abdallah, 2013; Abdallah, 2013). The National Election Security Taskforce exhibited greater professionalism and vigilance that eventually culminated into the current peace that we are enjoying.

3.11 ReflectiveNotes

No two elections are exactly the same, never. The 2012 Presidential and parliamentary elections are no exception. Though this paper begun with the proposition that “simplicity, coherence and realistic nature of campaign messages; appeal of presidential candidates, campaign strategies and symbolic politics were instrumental in determining the outcome of the 2012 elections,” it realized, after careful analysis of the election results that, there was a serious element that was overlooked in this proposition. That is rationalism. The Ghanaian voter is increasingly becoming rational in several respects: in the manner they demand instantaneous rewards for the choices that they make, and also the sophistication of the pattern of votes. Instantaneous rewards have moved the Ghanaian political space to ostentatious spending. This has strangled smaller political parties out of

77


electoral competition and has further tilted electoral fortunes to the two dominant political parties; the NDC and the NPP.

In terms of sophistication, the 26 constituencies across the length and breadth of the country where voters accept specific presidential candidates from one party and reject the parliamentary candidate of that same party lend credence to this assumption. Increasingly, the traditional assumption of the dominant party model, ideological and sociological variables are gradually being muscled out and opening Ghana’s democratic process towards consolidation. Members of Parliament, and even Presidential candidates will gradually begin to think that we can no longer take the people for granted and declare regions “world banks” if we don’t take the business of good governance and representation seriously. Even though we still cannot holistically dismiss the role of the other theoretical models (especially partisan and sociological ones) in shaping electorates behaviour entirely, we can smile with optimism that the rational thinking of the few will affect the behaviour of the many.

The dwindling performance of smaller political parties needs to gain traction and only a rational voting habit can achieve this. Yet, at the party levels, political parties that seem to share ideologies could consider closing their ranks into creating a dominant third force that could liberate Ghanaians from the current duopoly that they are trapped in. As the Ghanaian population becomes more urban, educated and discerning, it creates the opportunity for more voters to gamble with smaller parties that have the potential of becoming third forces. The increasing participation of women and the youth in politics is a healthy sign of democratic maturity and equally so was the decision of the NPP to go to court over alleged electoral fraud rather than resort to violence. Cumulatively, the 2012 elections was another crucial test on Ghana’s democratic credentials and indeed, Ghanaians did not disappoint the world.

78

E L E C T I O N S 2 0 1 2

79

BIBLIOGRAPHY

AAbdallah, M. (2013) “Ghana’s 2012 Elections: Lessons Learnt towards Sustaining Peace and Democratic Stability” Kofi Annan International Peacekeeping and Training Centre, Policy Brief, No. 4 (2013)

African Union Commission. (2012). Report of African Union Elections Observation Mission to the 7 December 2012 General Elections in the Republic of Ghana. Available at: reliefweb.int/report/Ghana/African-union

Alidu, S. (2014). Party Politics and Electoral Malpractices in Ghana’s Election 2012. Journal of Scientific Research and Report, 3(11):1449-1464.

Alidu, S. and Braimah, A. (2014). Ghana’s Peaceful Election 2012: a Lesson for Africa? International Journal of Sciences: Basic and Applied Research, 18(2): 177-187

Aubyn, F and Abdallah, M. (2013) . Sustaining Peace and Stability: Appraising the Role of the National Election Security Task Force in the 2012 Elections. Journal of African Elections, Vol. 12, No. 2, 132-153

Boafo-Arthur, K. (2004) “The 2004 General Elections: an overview” in Boafo-Arthur, K. (ed.) Voting for Democracy in Ghana: the 2004 elections in perspective” (Vol. 1), Accra: Freedom Publications

Bob-Milliar, G M. 2011. ‘“Tenygeyng gbengbeng! (We are holding the Umbrella very tight)”: Explaining the Popularity of the NDC in the Upper West Region of Ghana’. Africa: Journal of the International African Institute 18(3)

Chandra, Kanchan (2004) Why Ethnic Parties Succeed: Patronage and Ethnic Head Counts in India. New York: Cambridge University Press

Charles Kwarteng (2014) Swords into Ploughshares: The Judicial Challenge

80

E L E C T I O N S 2 0 1 2

of Ghana’s 2012 Presidential Election Results, The Round Table, 103:1, 83-93

Charles Nyuykonge and Keitumetse Letsoalo (2013) “Oil and Ghana’s 2012 Presidential Elections: Reinvigorating the ‘Resource Curse’?” Journal of African Elections, 12:2, 115-131

Chazan, N. 1983. An Anatomy of Ghanaian Politics: Managing Recession 1969-1982. Boulder, CO: Westview Press.

CODEO (2013) Ghana’s 2012 Presidential and Parliamentary Elections, Accra: CDD-CODEOCommonwealth Observer Group. 2013. Ghana Presidential and Parliamentary Elections, 7 December 2012. London: Commonwealth Observer Group.

Debrah, E. (2004). ‘The Electoral Process and the 2000 general Elections in Ghana,’ In T Lumumba-Kasongo (ed). Liberal Democracy and its Critics in Africa: Political Dysfunction and the Struggle for Social Progress. London: Zed Books.

Downs A, (1957), An Economic Theory of Democracy. New York: Harper

Dunn, J. 1975. ‘Politics in Asunafo’. In D Austin & R Luckham (eds). Politicians and Soldiers in Ghana. London: Frank Cass.

E Remi Aiyede, Idris Erameh and Tosin Orimolade (2013) “The Institutional Framework of the 2012 Elections in Ghana: Consolidating or Reversing Democratic Achievement?” Journal of African Elections, 12:2, 13-33

Ethridge and Handleman (2008)Ferree, Karen. (2006) ‘Explaining South Africa’s Racial Census’. Journal of Politics 68: 803–15.

Franklin Obeng-Odoom (2013) “The Nature of Ideology in Ghana’s 2012 Elections” Journal of African Elections, 12:2, 75-95

Frempong, A.K.D., (2015) Elections in Ghana (1951-2012), Accra: Seal Prints

Fridy, K. (2007). ‘The Elephant, Umbrella, and Quarrelling Cocks: Disaggregating Partisanship in Ghana’s Fourth Republic,’ African Affairs 106(423): 281-305.

George M. Bob-Milliar (2012) Political party activism in Ghana: factors influencing the decision of the politically active to join a political party,

Democratization, 19:4, 668-689,

Gyampo, R E V. 2012. ‘The Youth and Political Ideology in Ghanaian Politics: The Case of the Fourth Republic’. Africa Development XXXVII(2).

Harvey, R. (2010) “Will Oil Build or Break the Back of Ghana’s Democracy?” Policy Briefing; No. 14, Governance of Africa’s Research Programme, South African Institute of International Affairs

Heywood, A. (2007). Politics; Third Edition, Palgrave MacMillan Press.

Horowitz,D.,(1985),EthnicGroupsinConflict.Berkeley&LosAngeles,CA:University of California Press

ICHINO NAHOMI and NOAH L. NATHAN (2013) “Crossing the Line: Local Ethnic Geography and Voting in Ghana, American Political Science Review, 107:2: 344-361

John Ishiyama (2012) Explaining ethnic bloc voting in Africa, Democratization, 19:4, 761-788

Joseph RA Ayee (2011) Manifestos and elections in Ghana’s Fourth Republic, South African Journal of International Affairs, 18:3, 367-384,

Konteh, R. 2007. ‘The role of youth in ensuring peaceful elections’. Report on a conference of West African political parties organised by the IEA-Ghana in Accra, 2 April.

Posner C., (2005), Institutions and Ethnic Politics in Africa. New York: Cambridge University Press

Posner, Daniel N. (2004) ‘Measuring Ethnic Fractionalization in Africa’. American Journal of Political Science 48: 849–63.

R.E.V., Gyampo and Emmanuel Debrah (2013) “The Youth and Party Manifestos in Ghanaian Politics: The Case of the 2012 General Elections,” Journal of African Elections, 12:2, 96-114

Report of the Commonwealth Observer Group on Ghana’s Presidential and Parliamentary Elections, 7 December 2012.

Republic of Ghana Constitution Review Commission. 2011. ‘Report of the Constitutional Review Commission. Available at: www.crc.gov.gh/sites/

81

B I B L I O G R A P H Y

82

E L E C T I O N S 2 0 1 2

default/files/CRC%20Research%20Report%20FINALFINALFINAL.pdf

Republic of Ghana, (1992) Constitution of the Republic of Ghana

Republic of Ghana. (1992). Presidential Elections Act 1992 (PNDCL).

Republic of Ghana. 1992. Representation of the People Act. 1993.

Republic of Ghana. 1993. Electoral Commission Act (Act. 451)

Republic of Ghana. 1996. Public Election Regulation.

Republic of Ghana. 2000. Political Parties Act 574

Republic of Ghana. 2003. Electoral Commission (Amendment) Act (Act 655).

Republic of Ghana. 2012. Public Election (Registration of Voter) Regulation. Available at: ec.gov.gh/assets/5%20x%207%20in_%20(30).pdf

Republic of Ghana. 2012. Public Elections (Registration of Voters) Regulations 2012 CI 72.

Republic of Ghana. 2012. Representation of the People (Parliamentary Constituencies) Instrument (C.I.78).

Saideman, S., et al (2002) “Democratization, Political Institutions, and Ethnic Conflict: A Pooled Time-Series Analysis, 1985-1998.” Comparative Political Studies, 35(1) 103-129

Sebastian Elischer (2012) Measuring and comparing party ideology in non-industrialized societies: taking party manifesto research to Africa, Democratization, 19:4, 642-667

Shola, Omotola (2013) “Introduction: Ghana Defies the Odds Again: The December 2012 Elections in Perspective,” Journal of African Elections, 12:2, 1-12

The Representation of the People (Parliamentary Constituencies) Instrument (CI78) Wayo-Seini, A. (2006). ‘Does party philosophy matter’? Report of conference of political parties organised by the IEA-Ghana at Akosombo, 28 October.

4.1 HistoricalPerspective

The Election Petition case in respect of the December 2012 Presidential elections marked the first time under the 1992 Constitution that a petition had been filed challenging the validity of the election of the President. However, in terms of the country’s political history, it was not the first time that the validity of elections to determine the President of Ghana has been challenged. Under the 1969 Constitution of Ghana, which ushered in the Second Republic1, Ghana witnessed its first petition over the outcome of Presidential elections. In the case of Appiah v. Attorney-General: Re: Election of First President of Second Republic2, the petitioner prayed the court for a declaration “that the said Edward Akufo-Addo, Esquire was not duly elected and that the election was void3.” The Court of Appeal4

83

04THE ELECTION PETITION

1 Constitution of the Republic of Ghana, 1969. This came into force on the 22nd August, 1969 and was overthrown by a military coup d’etat on the 13th of January, 1972. 2 1970 GLR 107; 1970 2 G & G 14233 id. 4 Coram; Bannerman Ag. CJ, Lassey and Amissah JA

Nana Tawiah Okyir

Nana Tawiah Okyir is a law lecturer at the Gimpa Law Faculty

dismissed the petition inter alia on the grounds “specific question raised in the amended petition was meaningless and not capable of adjudication or interpretation.5”

Although, the jurisprudence of the courts regarding Presidential elections have not evolved since the 1970 decision, in a sense and upon sober reflections, the 2012 Presidential election petition can be described as a climax to series of election related petitions that have characterized the 4th Republic. However most of the election petitions witnessed in the course of the 4th Republic so far has been a challenge to Parliamentary elections.

In the case of Yeboah v. J.H Mensah6 the Plaintiff petitioner issued a writ invoking the enforcement jurisdiction of the Supreme Court against the defendant who had been elected as the Member of Parliament for Sunyani East constituency7. The defendant in that case urged the Court to decline jurisdiction and dismiss the case against the defendant because it was an election petition camouflaged as an action to enforce Article 94(1) (b) of the Constitution8.

The Supreme Court in a majority decision held that the High Court, and not the Supreme Court, was the proper forum under Article 99(1) (a) of the Constitution for determining9 the plaintiff’s action, which was, in substance, an election petition to challenge the validity of the defendant’s election to Parliament. The court further held that since a specific remedy at the High Court was provided under Article 99(1)(a) for determining challenges to the validity of a person’s election to Parliament, a resort to

84

5 Supra Note 13. 6 [1997-1998] 2 GLR 2457 The plaintiff argued that the defendant he did not hail from that Constituency and did not satisfy the residential requirement imposed by Article 94(1)(b) of the Constitution, but got himself elected as a member of Parliament for that Constituency contrary to the said Article 94(1)(b).8 Article 94(1)(b) of the 1992 Constitution provides “Subject to the Provisions of this article, a person shall not be qualified to be a member of Parliament unless- (b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total of not less than five years out of the ten years immediately preceding the election for which he stands or hails from that constituency…” 9 Article 99(1)(a) of the 1992 Constitution provides “ The High Court shall have jurisdiction to hear and determine any question whether – (a) a person has been validly elected as a member of parliament or the seat of a member has become vacant…”

E L E C T I O N S 2 0 1 2

the enforcement jurisdiction under Articles 2(1)(b) and 130(1)(a) of the Constitution was not available to the plaintiff.

The majority in the Yeboah Case relied on two principles; first, when a remedy is given by the Constitution and a forum is given by either the Constitution itself or statute for ventilating that grievance, then it is to that forum that Plaintiff may present his petition. Second, if the Supreme Court has concurrent jurisdiction in any matter with any other Court, then it is to that other Court that a Party may initially resort.

In another decision on parliamentary election petitions in Ghana, the Supreme Court also held that there was no right of further appeal from the Court of Appeal to the Supreme Court in matters under article 9910 of the Constitution. This was the decision In re Parliamentary Election for Wulensi Constituency; Zakaria v. Nyimakan11

In 2009, the Supreme Court was again presented with an opportunity to interpret the rules on election litigation. In the decisions in Ex Parte Asare12 and Ex parte Collins Dauda13 the Court emphasized the need for a declaration of election results by the Electoral Commission before any election petition of any kind can be commenced.

According to Date-Bah JSC, it is imperative that the election must have taken place and its result declared by the Electoral Commission. “One can hardly question the election of a person before that person has been declared elected14”. Ansah JSC similarly held that no cause of action whatsoever arises to challenge the validity of election before a candidate has been declared elected by the Electoral Commission15”.

85

10 Article 99 (2) of the 1992 Constitution provides that “ A person aggrieved by the determined of the High Court under this article may appeal to the Court of Appeal.” 11 In re Parliamentary Election for Wulensi Constituency; Zakaria v. Nyimakan [2003-2004] 1 SCGLR 112 Republic v. High Court; Koforidua; Ex parte Asare(Baba Jamal and others Interested parties)[2009] SCGLR 460.13 Republic v. High Court, Sunyani; Ex parte Collins Dauda (Boakye-Boateng Interested Party) [2009] SCGLR 44714 ibid Date-Bah JSC at 45715 Supra footnote 23 Ansah JSC at 495

T H E E L E C T I O N P E T I T I O N

Ansah JSC further held that “What this means is that any action brought to challenge the validity of a …election before a candidate has been declared elected by the Electoral Commission is premature…Accordingly, no remedies are due an aggrieved party yet…16” He adds17“To put it in simpler terms, they have no other option in law than to wait for their cause of action to ripen.”

4.2 LegalFrameworkfor Election Petitions

The legal framework for election-related adjudications is scattered in a number of statutes and the 1992 constitution. Indeed the 1992 Constitution of Ghana which is the supreme law of the land is embedded with provisions which on one hand provide the legal framework for the exercise of their political rights and on the other hand provide remedy for its breach or denial.

Relevant provisions in the 1992 constitution also help actualize a number of key international obligations including political rights such as the rights to participate in public affairs, associate freely with a political party, to vote by secret ballot, and to hold elected office in so far as one meets the legal requirements provided for in the electoral laws of Ghana. The constitution further establishes political rights as fundamental human rights, which must necessarily be respected if an electoral process is to be a clear reflection of the will of the people. These include freedom of opinion and expression, freedom of assembly, and freedom of movement.

Existing constitutionally protected political rights are further reflected in the 1996 Public Elections Regulations, the 1995 Registration Regulations, and the 2000 Political Parties Law, among others which all form part of the corpora of laws regulating elections in the country.

86

16 id.17 Id

E L E C T I O N S 2 0 1 2

Article 42 of the Constitution establishes the framework that grants a citizen the right to register as a voter and the right to vote freely without hindrance or limitation. The Supreme Court of Ghana has in several decisions after the enforcement of the 1992 Constitution declared the right to vote as sacrosanct, which it will fearlessly protect18.

These election regulations can therefore be said generally to be in line with international obligations conferred by treaties such as the Covenant for the Protection of Political and Civil rights19 and in all instances provide a strong foundation for democratic elections.

By way of revision, the relevant statutes that regulate the conduct of public elections in Ghana are:

• C.I32:DECLARATIONOFPRESIDENT-ELECTINSTRUMENT2000

• CI75:PUBLICELECTIONSREGULATIONS,2012

• ELECTION(REGIONALREPRESENTATIVESONCOUNCILOFSTATE) INSTRUMENT, 1993 [C.1] 1

• (PNDCL284)REPRESENTATIONOFTHEPEOPLELAW,1992

• (ACT451)ELECTORALCOMMISSIONACT,1993

• (ACT473)DISTRICTASSEMBLYELECTIONSACT1994

• (ACT655)ELECTORALCOMMISSION(AMENDMENT)ACT2003

4.3 On Presidential Elections Petitions: TheLegalFramework

With respect to challenging Presidential elections in Ghana, particularly as related to the 2012 election petition, Article 64(1) of the 1992

87

18 The decision in Apaloo v Electoral Commission [2001-2002] SCGLR 1 particularly reflects this.19 International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR). Ghana ratified it on the 7 December 2000.


constitution of Ghana and C1 7420 are instructive. Article 64 (1) provides that the validity of the election of the President may be challenged only by a citizen of Ghana who may present a petition for the purpose to the Supreme Court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented.

Article 64(2) provides that a declaration by the Supreme Court that the election of the President is not valid shall be without prejudice to anything done by the President before the declaration.

Article 64(3)21 provides that the Rules of Court Committee shall by constitutional instrument make rules of court for the practice and procedure for petitions to the Supreme Court challenging the election of a President. The Supreme Court has by a unanimous decision in the Bernard Ambataayela Mornarh v. The Attorney General (unreported) – (Bernard Mornarh Case) ruled that it can review its own decision regarding a presidential election petition contrary to the heading of rule 71(b) of CI 74.

C. I 74 provides that a proceeding pursuant to clause (1) of article 64 of the Constitution shall be commenced by presenting to the Registrar a petition in the Form 30 set in Part V of the Schedule. Such a petition shall be presented within twenty-one days after the declaration of the results of the election in respect of which the petition is presented. The CI defines an election as a presidential election conducted under article 63 of the Constitution and to which a petition relates and also defines the respondent as includes the person whose election is challenged by a petition and the Electoral Commission where the petitioner complains of the conduct of the Electoral Commission.

Portions of CI 74 after its passage were litigated in the Supreme Court as unconstitutional. In the Bernard Mornah22 case, the Supreme Court by a

88

20 Supreme Court (Amendment) Rules, 201221 1992 Constitution of Ghana22 Petition filed challenging the Supreme Court’s earlier decision that hearing of a petition against a presidential election shall be done on daily basis including public holidays.

E L E C T I O N S 2 0 1 2

unanimous decision ruled that sections of CI 74, which allowed the Court to sit on public holidays, were unconstitutional. The Court again held that it could review its decisions including presidential election petition, contrary to the heading of rule 71(b) of CI 74. The significance of the decision in fact was that CI 71(b) did not prevent it from reviewing its decision regarding a presidential election petition. The relevance and implications of these provisions would be discussed in relation to the 2012 election petition.

The main Constitutional instrument guiding the elections was however C.I 7523. It is instructive to note that the CI 75, which guided the 2012 elections, got off on a wrong footing when some Members of Parliament attempted to stall its passage in Parliament. In the Ransford France24 decision the Supreme Court held amongst other things that the Electoral Commission did not have to make regulations on how it exercised its discretion when creating electoral zones. This followed the challenge of the constitutionality of Legislative Instruments before Parliament from the Electoral Commission by the plaintiff. The decision of the court allowed the demarcation and election to go on.

4.4 IssuesConsideredinthe2012 Election Petition case

The Electoral Commission of Ghana in the early periods leading to the 2012 general elections compiled a new voter’s list using biometric technology. This was arguably the results of a sustained campaign by some of the political parties especially the NPP and civil society organizations with the sole purpose to help prevent multiple registrations and avoid repeat voting and impersonation: two of the major problems that had repeatedly plagued previous elections in the country25. The EC also led efforts towards the passage of a new law governing the general elections

89

23 Public Election Regulations, 2012 (CI75)24 Ransford France v Electoral Commission & Attorney General [2012] 1 SCGLR 705. 25 Mike Oquaye, Strengthning Ghana’s Electoral System : A Precondition for Stability and Development, [2012] 38 Institute of Economic Affairs Monograph, at page 1


– the C.I 75 by Parliament. C.I 75 declared “No Verification, No Vote26”. What this meant was only to be resolved post the petition judgment.

In pursuance of the mandate of the EC to conduct free and fair elections in the country, 26,002 polling stations were established nationwide27 and the new voter list complied in early 2012, distributed across the 275 constituencies nationwide. As events post the 2012 parliamentary and presidential elections would reveal, the very issues that the biometric voter registration exercise was supposed to resolve reared its head in the eventual elections prompting the opposition party to challenge the results of the presidential elections as declared by the EC Chairman Dr. Afari Gyan.

The events leading to the 2012 Presidential election petition arguably stands as one of the most significant political and constitutional developments in the 4th Republic. On December 9th, a day after close of polls on December 8th the Electoral Commission (EC) prepared to declare the results but was petitioned by the opposition party New Patriotic Party led by its candidates in the election to grant them some time to discuss their as it were “politically abnormal “ observations that characterized the just ended elections28. Generally, it was the case of the NPP that while the election was free, it was anything but fair citing allegations of rigging, voting without biometric verification contrary to C.1 7529.

Following the public announcement of their observations and concerns, the NPP requested that the EC delay the declaration of the results by 24-hours in order to consider the concerns raised .This unusual request was denied by the EC and the Commission went ahead, as mandated by law, to declare the winner of the 2012 general elections thus effectively

90

26 See at http://www.africanelections.org/ghana/news_detail.php?nws=7048&t=Electoral%20Commission%20issues%20 voting%20rules%20and%20says%20%3Cb%3ENo%20Verification%20No%20Vote%3C/b%3E 27 http://www.africanelections.org/ghana/news_detail.php?nws=6454&t=EC%20to%20display%20voters%20register %20-%20September%201-1028 The NPP alleged among other things over voting, voting without verification and pink sheet duplication.29 In Re Presidential Election Petition;Akufo-Addo, Bawumia & Obetsebi-Lamptey (No 4)V Mahama, Electoral Commission & National Democratic Congress (No 4) [2013] SCGLR 73 at 78. (herein after referred to as Election Petition)

E L E C T I O N S 2 0 1 2

proclaiming the incumbent, John Mahama, the outright victor in the 1st round30. The results declared on December 9 and subsequently gazetted by the Chairman of the EC gave Mahama 5,574,761 votes, which translated into 50.7% of the 10,995,262 votes cast. Nana Akufo-Addo of the NPP received 5,248,898 votes or 47.74% of the total declared31.

The culmination of these events saw Nana Akufo-Addo, flagbearer of the New Patriotic Party (NPP); his running mate, Dr Mahamudu Bawumia, and the National Chairman of the NPP, Mr. Jake Obetsebi-Lamptey (Petitioners), on December 28, 2012 file a petition under Article 64 of the 1992 Constitution; Section 5 of the Presidential Election Act, 1992 (PNDCL 285) and Rule 68 and 68 A of the Supreme Court (Amendment) Rules 2012, CI 74, challenging the election of President John Dramani Mahama as President.

Substantively, the petitioners led by Lawyer Philip Addison requested that 3,931,339 of votes cast be annulled on grounds of alleged violations and malpractices at some alleged 10,119 polling stations scattered across the country32.

Specifically, the grounds for the challenge included:

I. allegations of over-voting

II. that some persons voted without undergoing biometric verification as required by the C.I 75

III. That some Presiding Officers did not sign Pink Sheets and

IV. That some Pink Sheets had duplicate serial numbers.

The nine Justices: Justices William Atuguba, Julius Ansah, Sophia Adinyira,

91

30 Supra footnote 4.31 ibid. 32 Election Petition at 79.


Rose Constance Owusu, Jones Victor Dotse, Anin Yeboah, Paul Baffoe-Bonnie, N. S. Gbadegbe and Vida Akoto-Bamfo were thus called upon to determine whether or not there were statutory violations, irregularities, commissions and malpractices in the December 7 and 8, 2012 presidential poll and whether they (violations, irregularities, omissions and malpractices) had any impact on the outcome of the election.

Following from the addresses the Justices identified the following as the main issues to be determined: Over voting; Voting without biometric verification; Absence of the signature of the Presiding Officer; Duplicate serial numbers, that is to say occurrence of the same serial numbers on Pink Sheets for two different polling stations; Duplicate polling station codes, that is to say occurrence of different results of Pink Sheets for polling stations with the same polling station codes; and unknown polling stations, that is to say results recorded for polling stations that are not part of 26,002 polling stations provided by the second respondent in the petition

Although these were the issues that were eventually decided on by the Justices, they stem from the two main issues that were set for trial on the 2nd of April, 201333. That is; (1) Whether or not there were statutory violations in the nature of omissions, irregularities and malpractices in the conduct of the Presidential Elections held on the 7th and 8th December 2012; and; (2) Whether or not the said statutory violations, if any, affected the results of the elections.

The Supreme Court in an attempt to be expeditious ruled to abide mainly by affidavit evidence34. Parties, however, had opportunity to provide oral evidence subject to the approval of the court35.

Upon a closer scrutiny of the petition that was filed before the Supreme

92

33 Election Petition at 80.34 Election Petition at 80.35 ibid.

E L E C T I O N S 2 0 1 2

Court of Ghana, it is the observation of the author that our Supreme Court clothed with powers under Article 64 (1, 2 and 3) of the 1992 Constitution and the Supreme Court Amendment Rules, 2012, (CI 74) had three possible options available to them in the determination of the election petition.

The court could have either declared Nana Akufo-Addo the winner of the polls or order for a re-run of the election at affected polling stations or State that even if those ‘invalid’ votes (if any) are to be annulled they were not enough to affect the outcome of the presidential poll, hence affirm the EC’s declaration of John Mahama as the winner of the December 2012 Presidential election.

The petitioners had prayed the court to annul 3,931,339 owing to electoral irregularities in the December 7 and 8, 2012 presidential election but hindsight indicates the position of the Justices on the issues that were to be resolved. The Justices of the Court amidst several reasoning upheld the 3rd option.

The justices were unanimous on the issue of duplicate serial numbers, that is, occurrence of the same serial number on Pink Sheets for two different polling stations36. The justices also unanimously did not find as substantial to the decision the issues and arguments surrounding the duplicate polling stations codes and unknown polling stations37. Indeed on the record the justices were most concerned with three matters only. They were the question of over-voting; voting without verification and the absence of the signature of a Presiding Officer38.

93

36 Election Petition at 82.37 ibid.38 Election Petition at 157.


4.5 TheCourt’sRuling

A.Over-voting

One of the core issues considered by the Supreme Court in the determination of the petition was the question of Over-voting. The petitioners had alleged that over-voting took place in over 320 polling stations39. What amounts to over-voting has neither been defined by the Constitution or any enactment. The decisions were clear that the parties were not in agreement as to what amounted to over-voting. In the end, the majority of the justices accepted that two types of Over-voting had been established40.

“The first is where the number of those who voted at a polling station exceeds the number of voters contained in the relevant polling station register. The second situation is where the number of ballots in the ballot box exceeds the number of ballot papers issued to the relevant polling station. Pondering over these two categories closely I would think that the second category of over-voting is rather an instance of ballot stuffing as testified by Johnson Asiedu Nketia41.”

Whatever, the definition of over-voting, which could also mean ballot stuffing, the majority of the Justices were dissatisfied with the proof adduced that the over voting if it did occur would provide a “mathematical chance that results could change…42” Also that “shifting the ones actually affected by over-voting from the many affected by the many clerical errors, one is left with very few Pink Sheets whose results will impact positively on the outcome of the overall results43”.

The minority, however, held a contrary opinion. Led by Ansah JSC, the

94

39 Paragraph 44 of Affidavit in support of the petition by Dr. Bawumia. 40 Election Petition, Atuguba at 123.41 ibid.42 Election Petition, Adinyira at 258.43 Election Pertition, Baffoe Bonnie at 454.

E L E C T I O N S 2 0 1 2

minority was of the view that the petitioners had proven that over-voting had taken place and was a basis to annul the elections44. Again, another in the minority held that it was over-voting where total votes cast as found in the ballot box exceeds the total number of ballots issued out to voters at particular polling stations45. Also critical to the minority was the question of the illegality of over-voting. It was held that “no matter the number of votes involved that may constitute over-voting, it is a clear illegality and should not be endorsed by the court of law…46”

B.VotingWithoutBiometricVerification

On the complaint of Voting without Biometric Verification, the majority held that the complaint could not hold in the absence of some other contrary evidence 47.

Indeed the President of the Court while reading out the majority decision referred the petitioners to the evidence given by their witness that “The Pink Sheets contained errors of omission of e.g. proxy votes, blanks, repetitions, wrong grammatical renditions, etc. Indeed Dr. Bawumia admitted under cross-examination that the Pink Sheets cannot alone supply answer to issues arising from them, in all situations…48”

The court further reasoned that the pink sheet or its equivalent in other jurisdictions has been judicially regarded as the primary record of an election. “But no one has given it a conclusive effect. Neither the constitution nor any other statute, substantive or subsidiary, has accorded the pink sheet any particular status49.

According to Justice Atuguba “It appeared that the petitioners rather belatedly, towards the end of the case, realised the need for the adduction

95

44 Election Petition, Ansah at 127.45 Election Petition, Dotse at 338.46 Electoral Petition, Anin Yeboah at 407. 47 Election Petition, Atuguba at 125.48 ibid.49 ibid.


in evidence of such vital documents like the voters registers, collation sheets, etc and tried to do so, sometimes with the indulgence of this court, through cross-examination of Dr. Kwadwo Afari Gyan, Chairman of the Electoral Commission and also through unsuccessful applications for leave to serve on him notices to produce such documents.

The court thus ruled on the complaint that the petitioners had failed to establish their allegations of over-voting and voting without biometric verification, except to the limited extent admitted by the Electoral Commission’s chairman, which could not impact much on the declared results50.

On the issue of voting without prior biometric verification, the Justices in the minority averred that it was unable to agree with the submission by the respondents that biometric verification could not be limited to only fingerprints51. As Ansah JSC put it “A reading of regulation 30 of C.I. 75 shows that the voter shall mandatorily go through a biometric verification process by biometric verification equipment for the purpose of establishing the identity of the voter by finger print.

In order to ensure that those who through no fault of theirs have no fingers at all, or have fingers but whose finger prints could not be taken for one reason or the other, special provisions/arrangements were made for them. Those voters are labelled ‘FOs’ and are excused from undergoing biometric verification by the equipment52. In the absence of these disabilities, there could not be a valid excuse to permit voting without biometric verification thus departing from the position of the majority on the same matter”53.

96

50 Election Petition, Atuguba at 127.51 Election Petition, Ansah at 190.52 ibid.53 ibid.

E L E C T I O N S 2 0 1 2

C.AbsenceofPresidingOfficer’sSignature

According to the majority, the irregularity which had engaged and sharply divided the court as to its consequence is “absence of the signature of a Presiding Officer.54” “This irregularity is anchored in Article 49 of the 1992 constitution,” adding that “it is undoubtable that in some instances the declared results were not signed by the Presiding Officer though the petitioners’ polling agents did sign. The crucial question that has devastated this court is whether those results should be annulled.55”

To this the court ruled that it would be unfair and fraudulent for the petitioners to authenticate the results through their polling agents’ signatures and turn round to seek to invalidate on the purely technical ground of absence of the presiding officer’s signature56.

In the opinion of the majority as read by the President, the underlying purpose of the signatures of the Presiding Officer and the polling agents on the Pink Sheets was to provide evidence that the results to which they relate were those generated at the relevant polling station in compliance with the constitutional and other statutory requirements, otherwise each “signature in itself has no magic about it”57. In those circumstances it was the considered opinion of the Justices that even if the failure by the Presiding Officer to sign the same is condemned as unconstitutional yet the polling agents’ signatures, the public glare of the count and declaration of the results in question, the provision of copies of same to the polling agents and their sustenance at the constituency’s collation centre and all the way to the strong room of the 2nd respondent (the Electoral Commission) and the cross checking of the same by the parties; representatives should satisfy the policy objective of Article 49(6) regarding signature.

97

54 Election Petition, Atuguba at 102.55 ibid at 103. 56 Election Petition, Atuguba at 116.57 ibid at 118.


In was further held that the provisions on the Presiding Officer were merely directory58 and unless there was fraud, non-compliance did not change or muddy the results.

Baffoe-Bonnie JSC reasoned thus: “if eligible Ghanaian Citizens, who are qualified and registered, go to queue for so many hours to exercise their constitutionally-granted right to vote and assuming their votes become tainted through no faults of theirs, but through administrative lapses, then it is my strong and considered opinion that they cannot be disenfranchised with the annulment of their votes59.

On the complaint of Pink Sheets not signed by Presiding Officers or their assistants, the minority reasoned that the Presiding Officer was not relieved from the duty to sign the declaration forms, since it was a mandatory duty cast on them by the constitutional and statutory provisions governing elections in the country. The legitimate inference in the mind of the minority was that failure by the Presiding Officer to sign the declaration form was an irregularity which could not be excused or waived on the grounds that the pressure of time, prevailing atmospheric condition, etc, etc, did not simply allow or permit them to sign the forms and thereby comply with the constitutional duty.

As Ansah JSC aptly put it “The duty cast on the Presiding Officers to sign the declaration was couched in mandatory terms and deserves obedience60 and not meant to be disobeyed, ” and that “An election much more so, Presidential Elections, are serious matters governed by well laid rules to preserve the sanctity and integrity of the elections, especially where a specific duty is imposed on election officials”. A breach of any of those duties meant the integrity of the election was compromised and ultimately affected the exercise of the right to vote as well as jeopardizing the sovereign will of the people. The alibi put up by the respondents, like

98

58 Election Petition, Gbadegbe at 481.59 Election Petition, Baffoe bonnie at 442. 60 Election Petititon, Ansah at 168.

E L E C T I O N S 2 0 1 2

pressure of work and overuse of carbon paper making the signatures look faint through over use were therefore untenable in the views of the minority61.

The quotation of Ansah JSC in his concluding remarks is instructive. As he succinctly put it “the Ghana Supreme Court has recognized the concept of the spirit of the Constitution as a tool of constitutional interpretation…to ensure that Ghana succeeds in her fourth attempt at democratic and constitutional system of government, both the government and the people should observe not only the written provision of the Constitution but it’s spirit as well 62”.

The minority thus held that the failure by the Presiding Officer to sign the Pink Sheet before announcing the results constituted an omission to perform and a breach of his constitutional duty.

4.6 OtherLegalIssues

TheQuestionofContempt63

One of the unforgettable episodes in the election petition was the contempt charges that were leveled against some members of the public who subsequently found themselves before the judges to show cause why the court should not find them guilty of the charge.

Contempt of court may result from failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. The courts are vested with the power of dealing with it in a manner that is almost arbitrary. For this reason the power is

99

61 ibid.62 Election Petition, Ansah at 172. 63 For a general discussion on this area see Stephen Kwaku Asare, Striking A Balance Between The administration Of Justice And Free Speech during The Live Broadcast Of A Presidential election Petition, African Journal of International and Comparative Law 23.2 (2015): 314–338 Edinburgh University Press.


rarely invoked and only when the dignity, respect and authority of the courts are seriously threatened.

Against this background, Ken Kuranchie, an editor of the Daily Searchlight newspaper fell foul of the law when he criticized the Supreme Court’s rebuke of a former Deputy Communications Director of the New Patriotic Party [NPP], Sammy Awuku in a front-page comment in his newspaper. The named contemnor had wondered why the court “heard Sammy Awuku’s comments but didn’t hear worse comments made by others during the hearings. Such conduct was deemed to have constituted the offence of contempt of court. Earlier, Mr. Awuku had suggested that the court was being selective and hypocritical in citing a Daily Guide newspaper publication for bad reportage on Peace FM’s Kokrokoo programme. Sammy Awuku was summoned before the Justices and he apologized to the court and was forbidden from attending the proceedings after a summon. Mr. Kuranchie on his part had incurred the wrath of the Justices when he in his publication agreed with Sammy Awuku’s views that the court was being selective and hypocritical. For this, he was summoned before the Justices and quiet unexpectedly he asked the court to provide guidelines on what constituted contemptuous comments, insisting that if the court gave a ruling, the public was entitled to comment on it and to use strong language in doing so.

In addressing this seemingly controversial contestation by Ken Kuranchi, it is important to be minded that truth or otherwise of the matter published is no defence in law in the case of contempt of court. In the Republic v Mensa-Bonsu And Others; Ex Parte Attorney-General64, in holding that a personal attack on a judge was contemptuous of the court, it was held that: “It seems to me that if the truth were a defence, it would give a platform for the repetition of the offending original scandal and could also be used maliciously to rake up some damaging episode in a judge’s past life, which conduct would tend to interfere with the

100

64 [1995-96] 1 GLR 377 – 531

E L E C T I O N S 2 0 1 2

administration of justice, the very mischief which contempt seeks to prevent65. The Supreme Court’s finding of Ken Kuranchie’s publication as criminal contempt and subsequent sentencing to a day’s imprisonment is therefore not surprising at all.

Now, it is important to attempt an understanding of the rationale for clothing the courts with the power of contempt. Properly speaking, the power given to the court to punish people for contempt of itself has the sole rationale of protecting the dignity, integrity, sanctity and veracity of the court. The dignity of the court is inviolable, to say the least. The rationale of any type of contempt is that the administration of Justice has to be protected.

Thus, if allegations of partiality, bias, dishonesty, partisanship or corruption, even if true, have the potential effect of lowering the Court’s repute and thereby undermining public confidence in the administration of Justice, the offence of contempt would have been committed. Performing, as they are called upon to do, the sacred duty of holding the scales between the executive power of the state and the citizenry and protecting the fundamental liberties of the individual, the courts must not only enjoy the respect and confidence of the people among whom they operate, but also must have the means to protect that respect and confidence in order to maintain their authority.

For this reason any conduct that tends to bring the authority and administration of the law into disrespect or disregard or to interfere in any way with the course of justice becomes an offence not only against the courts but against the entire community which the courts serve. It is against this background that one should analyse the decisions of the court in finding some of the invited parties guilty of the contempt charge and pardoning others after having shown remorse and purged themselves.

101

65 id @


This notwithstanding, the issue of contempt remains a contestable issue within the legal circles and the general public at large as it has been considered by some schools of thought to stifle press freedom and also impose a culture of silence where civil society is cowed from critiquing the actions and inactions of the courts for fear of being incarcerated. To this critique, the author would argue that freedom of the press does not include freedom to violate the integrity of the court.

It is axiomatic that criticism of the court and of judicial decisions, however rumbustious, whether or not in good taste, and despite inaccurate statements of fact, would not amount to contempt of court and is within the limits of the inalienable right of every individual’s freedom of speech, subject of course to the proviso that such criticism must be free from any tendency to expose the administration of justice to disrepute66.

Freedom of expression is essential to the achievement and maintenance of a democratic society. Accordingly, the press might criticise in matters of public interest. That right is however not absolute but subject to the limitation that it does not violate the integrity of the court or present a threat to judicial authority. Freedom of speech must be exercised responsibly.

Free speech carries with it duties and responsibilities and is subject to conditions and restrictions prescribed by law, including committal for contempt of court when this offence is committed. Committal for contempt is a necessary power given to the courts themselves, and which they are duty bound to exercise to preserve and maintain the dignity and authority of the courts. To scandalise a judge or the court is rather a tyranny of the press based on twisted notions of liberty and freedom.

The author is guided by the succinct quotation from one of the country’s most revered judges in the person of the late Akufo-Addo CJ in the case

102

66 Republic v Mensa-Bonsu And Others; Ex Parte Attorney-General [1995-96] 1 GLR 377 – 531.

E L E C T I O N S 2 0 1 2

of Republic v Liberty Press Ltd67 wherein he aptly draws out the main principles of the law of contempt.

He stated at 137 as follows: “It must be appreciated by the press and all other freedom lovers that without a strong, courageous and respected judiciary that can effectively protect the freedom which we all love so much, all talk about freedom, whether it be in the lecture room or at Bukom Square, remains no more than a mere metaphysical speculation, and the courts are entitled to look upon men such as are before me today to help them in the acquisition of the requisite strength, courage and respect”.

One of the surest ways of doing so is to refrain from commenting on proceedings which are pending in the courts. For these constitute some of the most fruitful fields of contempt. There is however no law which prohibits absolutely, any such comments, but there is law which punishes if the limits set by law are transgressed, as indeed they have been transgressed in this case68“.

4.7 TheCapacityofthePresidentasaParty

One other significant event that characterized the election petition at the initial stages was the issue of whether or not the President could be joined to the action as a respondent or party. Mr. Benoni Tony Amekudze who sought to convince the court that it was procedurally wrong for the petitioners to join the president as a party made this dilemma even more unforgettable69. The Amicus Curiae, to wit, the ‘Friend of the Court’, made the headlines on Tuesday, May 28 when he stormed the Supreme Court apparently full of suggestions for it, and ended up intriguing everyone. He sought to do this by what is popularly known as an “Amicus curiae brief” - an application that brings to the attention of the Court a relevant matter not already brought to its attention by the parties but

103

67 [1968] GLR 123 at 137 68 id69 https://www.modernghana.com/news/480944/1/amicus-curiae-faults-election-petition-counsels.html


which may be of considerable help to the Court.

Mr. Amekudze had sought to draw the attention of the court to some relevant provisions of the law that were being violated. He was, however, thrown out by the court on grounds that he did not properly file the petition. Before the ruling, Lawyer Amekudzi told the court that per article 57, clauses 4, 5, 6, of the 1992 Constitution; the President could not be sued or be joined to a law suit as a defence. He, therefore, described the petition against the President as “frivolous, gross error and dangerous precedent70”.

The legal authority on which Lawyer Amekudzi was standing was the much cited Supreme Court case involving the NPP and President Rawlings in the early 90s in which the NPP challenged President Rawlings over the appointment of District Chief Executives in court but by a 3-2 majority the court held that the President could not be sued. The argument of Amekudzi therefore was that Mahama as President cum Head of State, father of the nation and the Commander-in-Chief of the Ghana Armed Forces could not be sued and also that the aura and respectability of his office must be protected. In its ruling, Justice William Atuguba, President of the Supreme Court hearing the petition, said though the applicant did not follow the procedures in moving his application, the court has had to look at the substance of his case. The court ruled that the applicant needed a proper locus, which he lacked.

4.8 NeedforElectoralReform

“The importance of the statement of poll and declaration of results forms, “Pink Sheets” has informed me to suggest a number of reforms in our electoral process, including better management of the “serial” numbers on these Pink Sheets. It really does not make sense for the Chairman of the Electoral Commission, Dr Afari-Gyan, to state that it is the printers

104

70

E L E C T I O N S 2 0 1 2

who generate the numbers on the Pink Sheets in order for them to keep count of the number of Pink Sheets they have printed. This is not only absurd but also exposes the Electoral Commission as lacking any control mechanism to really check the actual number of Pink Sheets delivered to them71”.

The learned Justice Dotse points to the issue that there is a need for widespread reform due to the glaring irregularities that were illuminated in the election petition.

Following the decision of the Supreme Court in affirming the results declared by the Electoral Commission, there have been several calls for electoral reforms especially by the opposition parties and some section of civil society. These calls for reforms have centred on issues including the timing of the creation of new constituencies; review of Pink Sheets pertaining to the declaration of election results; funding of elections; high percentage of rejected ballots; challenges in the use of the biometric verification equipment; management of election results; voter registration and its problems; recruitment and training of election officials; early voting; inclusion of marginalized groups; voter education; election petitions; tenure, composition and appointment of the EC; and election security. Subsequently a cross-sectoral committee was formed to address the issues of reform and a report has subsequently been submitted to the EC for implementation.

Polling Agents

According to the majority, the petitioners sought to devalue the status of the polling agents to that of mere observers, pointing out “That was certainly unacceptable72”. In the words of Justice Atuguba “If they were such passive attendants at an election it is inconceivable that

105

71 Election Petition, Dotse at 389. 72 See Election Petition Atuguba @127


the constitution would have considered their signatures to the results sheet significant enough to merit express constitutional requirement73”. The President of the Court thus held that polling agents had a special role to play in a free, equal and secret poll. As he put it “the signatures of the polling agents to the declaration of results therefore have high constitutional and statutory effect and authority, which cannot be discounted74”.

This particular decision of the court on the relevance of poling agents in the country’s democratic experimentation is instructive. From the political perspective, the various political parties would now pay key attention to the quality of polling agents they select to represent them at polling stations going into future elections. Indeed the various political parties especially the NPP has post the petition indicated their resolve to now ‘protect’ their interest at polling stations in the upcoming 2016 elections. Such a position though legitimate ought to be done within the confines of the electoral laws to avoid any form of violence on polling day.

4.9 ConcludingReflections

The decision of the Supreme Court in the election petition case also raised a number of important election related matters that merit some consideration. These matters bother largely on the administrative machinery for the conduct of general elections in Ghana and whether or not Presiding Officers were bound to sign Pink Sheets for example. While the Supreme Court judges hinted of electoral reforms, even during the petition hearing, and also gave clear road maps in their judgment, the country’s election management body, the Electoral Commission (EC), has taken the bull by the horn and has initiated steps to discuss the matters arising post the 2012 elections and petition.

Also, apprehension and uncertainty preceded the delivery of the judgment,

106

E L E C T I O N S 2 0 1 2

73 id@74 id@134

but normal activities in the country resumed immediately after the court announced its decision. This can arguably be described as a positive sign that the country’s resolve to consolidate its democratic gains was on track. It is gradually dawning on the general public that there are legal means of redressing electoral grievances than resorting to violence. The comportment of the Ghanaian populace post the judgment is therefore commendable and should be sustained going forward.

This said however, it is worth stating that the upcoming 2016 Presidential and Parliamentary elections in Ghana will be the 7th major election under the 4th Constitution of Ghana. The elections appear to be a fierce contest between the two major political parties – the ruling National Democratic Congress (NDC) and the opposition New Patriotic Party (NPP). With the results of the last 2012 Presidential elections indicating very little difference between the two main political parties in Ghana, there is the belief within a large section of the populace that the stakes are relatively high going into elections 2016. All parties have vowed to be vigilant during the 2016 elections so they would not have to file any election petition at the court. This stance can be a threat to the political stability and peace of the nation.

Also, the continuation of the process for review of Ghana’s Constitution is no longer in doubt. The Supreme Court of Ghana in a decision on the 14th of October, 2015 rejected the challenge to the validity of the review process and gave the green light to the process. The Constitution Review Commission made a few recommendations which when accepted, will affect the framework of election management in the country. These include the empowerment of the EC to enforce a mandatory election campaigning period and the changes in the law to ensure that presidential and parliamentary elections should both be held within a period of 60 days ( November as proposed by the EC) before the inauguration of a new government.

Moreover, contrary to Article 70(2) of the 1992 constitution which

107


currently requires the President to appoint the EC Chair on the advice of the Council of State, the Constitutional Review Committee in its report on Independent Constitutional Bodies recommended that the appointment of the EC Chair, Deputy Chairpersons and other members of the Electoral Commission should be done by the President in consultation with the Council of State and with prior approval of Parliament. This recommendation was accepted in the Government White Paper subsequently issued upon the submission of the report. It is left to see if these recommendations would be eventually be accepted when put to a referendum as part of the constitution amendment process. Be that as it may, this intervention is a progressive one as it would help reduce the suspicion of bias or partisanship that has characterized the appointment of EC Chairs, deputies and members of the Commission in the Fourth Republic.

Also, no dissatisfied party or political fanatics should be permitted to indulge in commentaries that have the overall effect of eroding public confidence in the judiciary. Therefore, the power of the court to punish for contempt cannot be extinguished by time lapse. The court can punish any person for committing contempt even after it has passed its verdict. It must be noted that this power of the court is a necessary guarantee that ensures that the administration of justice is not unduly interfered with, obstructed or subjected to undignified treatment and morass of scorn. The authority of the court is hinged on its power to enforce its decisions and command respect for itself.

Finally, as a legacy to the indigenous political jargons of the country, words and phrases such as “pink sheets,” “I put it to you,” “I suggest to you,” “you and I were not there,” “Bawumia calculator,” “Hurricane Sanity Atuguba,” “Objection,” “Objection sustained,” “Objection overruled”, “amicus curiae”, “contempt of court, “Illegal political galamsey”, “audit of insults” and “Gbeshie powers” among others will forever linger in the minds and on the lips of Ghanaians, some of whom have found ways of introducing these phrases in their daily conversations.

108

E L E C T I O N S 2 0 1 2

CONSTITUENCY RESULTS DETAILS- PRESIDENTIAL

110

E L E C T I O N S 2 0 1 2

111

C O N S T I T U E N C Y R E S U L T S D E T A I L S - P R E S I D E N T I A L

112

E L E C T I O N S 2 0 1 2

113


114

E L E C T I O N S 2 0 1 2

115


116

E L E C T I O N S 2 0 1 2

117


118

E L E C T I O N S 2 0 1 2

119


120

E L E C T I O N S 2 0 1 2

121


122

E L E C T I O N S 2 0 1 2

123


124

E L E C T I O N S 2 0 1 2

DETAILED PARLIAMENTARY

ELECTION RESULTS

ASHANTI

127

D E T A I L E D P A R L I A M E N T A R Y E L E C T I O N R E S U L T S

128

E L E C T I O N S 2 0 1 2

129


130

E L E C T I O N S 2 0 1 2

131


132

E L E C T I O N S 2 0 1 2

133


134

E L E C T I O N S 2 0 1 2

135


136

E L E C T I O N S 2 0 1 2

137


138

E L E C T I O N S 2 0 1 2

139


140

E L E C T I O N S 2 0 1 2

BRONG AHAFO

143


144

E L E C T I O N S 2 0 1 2

145


146

E L E C T I O N S 2 0 1 2

147


148

E L E C T I O N S 2 0 1 2

149


150

E L E C T I O N S 2 0 1 2

CENTRAL

153


154

E L E C T I O N S 2 0 1 2

155


156

E L E C T I O N S 2 0 1 2

157


158

E L E C T I O N S 2 0 1 2

159


EASTERN

161


162

E L E C T I O N S 2 0 1 2

163


164

E L E C T I O N S 2 0 1 2

165


166

E L E C T I O N S 2 0 1 2

167


168

E L E C T I O N S 2 0 1 2

169


170

E L E C T I O N S 2 0 1 2

173


174

E L E C T I O N S 2 0 1 2

175


176

E L E C T I O N S 2 0 1 2

177


178

E L E C T I O N S 2 0 1 2

179


180

E L E C T I O N S 2 0 1 2

181


182

E L E C T I O N S 2 0 1 2

183


NORTHEN

185


186

E L E C T I O N S 2 0 1 2

187


188

E L E C T I O N S 2 0 1 2

189


190

E L E C T I O N S 2 0 1 2

191


192

E L E C T I O N S 2 0 1 2

193


194

E L E C T I O N S 2 0 1 2

UPPER EAST

197


198

E L E C T I O N S 2 0 1 2

199


200

E L E C T I O N S 2 0 1 2

UPPER WEST

203


204

E L E C T I O N S 2 0 1 2

205


206

E L E C T I O N S 2 0 1 2

VOLTA

209


210

E L E C T I O N S 2 0 1 2

211


212

E L E C T I O N S 2 0 1 2

213


214

E L E C T I O N S 2 0 1 2

215


216

E L E C T I O N S 2 0 1 2

WESTERN

219


220

E L E C T I O N S 2 0 1 2

221


222

E L E C T I O N S 2 0 1 2

223


224

E L E C T I O N S 2 0 1 2

225


CONCLUSION

The Electoral Commission, has, since 1992 undertaken quite a number of reforms aimed at enhancing the credibility and integrity of Ghana’s election. For the first time in the history of Ghana’s democratic dispensation, the Commission was able to adopt and implement the biometric technology in voter registration and verification at the polls. Nonetheless, technical and operational challenges were experienced with regards to the use of the Biometric Verification Device (BVD). Amongst others, the challenge of getting qualified human resource, especially, persons with relatively adequate computer knowledge was manifest.

The Commission was involved in court actions brought against her while preparing for the elections. The late creation of the additional districts by the President in 2012 which culminated in the creation and redemarction of new constituencies posed a bit of challenge. It raised the suspicion that

227

CONCLUSIONS ANDRECOMMENDATIONS

05

228

E L E C T I O N S 2 0 1 2

the Commission was in bed with the ruling government which triggered credibility issues for the Commission.

In spite of the challenges enumerated above, the Electoral Commission did its utmost best per the constitutional mandate and delivered free and fair elections in 2012. Polling stations were expanded from 21,002 to 26,002. This helped reduced the number of voters at polling stations which effectively minimized the usual long queues. Again, in a record period of 40 days a total of 14 million voters were registered nationwide. Another success chalked was the bold attempt by the Commission in registering Ghanaians working in Ghanaian missions abroad. This is a giant step to the full implementation of the ROPA. The Electoral Commission is duly committed to improving the electoral process to the best and would continue to act in an impartial, independent, transparent and consistent manner in order to fulfill its given mandate.

RECOMMENDATIONS

Based on the foregoing challenges, the following proposed interventions will be highly considered; • The need for the Commission to consider more innovative ways of getting qualified temporary personnel for electoral duties. The Commission should continue to relate with the Ghana Education

Service regarding the re lease of teachers who have served as election officials over the years to continue to support election process.

• Training of presiding officers particularly should be more than one or two days exercises in order to enable them grasp fully the skills and

knowledge of the work and undgo effective hands-on training to deliver. Capacity building for staff and skills and knowledge update should continue at all levels.

• The Commission must ensure robust and durable biometric

equipment that are customized to local conditions are procured and supplied for its operations. Regular skills and knowledge

update for especially District Electoral Officers on the use of the VMS to keep them in readiness for the challenges that may come up with the continuous registration processes.

• Biometric Verification Devices should be used during exhibition of the Provisional Voters Register so that those, whose fingerprint could not be accepted by the BVD, could be classified as

permanent trauma and verified during the polling day by their pictures and not fingerprint.

• Political parties must take keen interest in who they appoint as agents and must compel them to attend trainings organized by the

Commission. Furthermore, political parties must desist from replacing trained party agents with untrained ones on polling day.

• People or party agents who willfully intimidate and violently prevent others from voting or unlawfully challenge the eligibility of

prospective applicants at registration centers must be made to face the law.

• The Commission should appoint a Deputy Returning Officer in charge of collation. The criteria for recruitment should be people with competences in arithmetic and computer skills.

• The Presidential and Parliamentary elections should be shifted from the month of December to November to allow for a sufficient

period for transition.

• Electoral commission must purge itself of persons whose attitude and behaviors are incompatible with the core values of the Commission and to retain workers who are prepared to work as

professionals.

229

C O N C L U S I O N S A N D R E C O M M E N D A T I O N S

230

E L E C T I O N S 2 0 1 2

• The Research and Monitoring Department should consider redesigning some of the electoral forms into a single document to

make it simple and handy for the election officials.

• The Commission should conduct thorough background check of people shortlisted and further adopt stringent selection

process for both permanent and temporary staff recruitment and appointment. And the remuneration levels must be enhanced.

• Commission should solicit for funding for the construction of physical infrastructure as district offices and storage facilities. In the

interim sea-containers could be procured and use as storage units in the districts.

• The Commission must also focus on building a performance culture; structural and attitudinal changes within the organization

to support better electoral policy making, budget decision making and election management in general. In addition, the commission must consider building an effective monitoring and evaluation

systems that helps to strengthen the Commission as an institution by improving transparency.

• The Commission should apply reward and sanction systems on its permanent staff to honour hardwork and punish deviant behavior that compromises the integrity of the Commission.

• Aspect of the electoral regulation which poses practical difficulties should be amended to minimize the incidence of legal technicalities that aid the circumvention of the principles of electoral governance.

Date post:	25-Apr-2020
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

ELECTIONS 2012 - Friedrich-Ebert-Stiftung Ghana 2012.pdfThe publication of the 2012 election results...

Documents