By Maxwell Ofori, Parliament House [email protected]. The Member of Parliament (MP) for the Kwadaso constituency, Dr. Afriyie Owusu Akoto, has stated that the Minority in Parliament has been vindicated for not allowing the date for this year’s election to be changed. Today, Monday November 7, 2016, marks exactly the date proposed by the Electoral […]
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By Maxwell Ofori, Parliament House
[email protected].
The Member of Parliament (MP) for the Kwadaso constituency, Dr. Afriyie Owusu Akoto, has stated that the Minority in Parliament has been vindicated for not allowing the date for this year’s election to be changed.
Today, Monday November 7, 2016, marks exactly the date proposed by the Electoral Commission (EC) to hold the presidential and parliamentary elections, but was pooh poohed by the legislators.
Through a constitutional amendment sent to Parliament by the EC, through the Attorney General, it sought to change the current election date a month before the actual date.
In March, this year, the bill was presented to Parliament to amend the constitution for elections to be held on November 7 in every election year, instead of December 7.
The AG explained to Parliament that the change in date was to ensure ample time to allow for a smooth transition to the next government.
The EC, through the AG, pointed out in the bill that the time allocated for the transition was inadequate, especially when there was a runoff, which took place 21 days after the main elections.
When debate for the proposed amendment commenced on the floor, the Majority supported the motion as usual, and the Minority did otherwise, but with a purpose.
The two sides of the House appeared to have toed the path of their political leaders, but needed the two thirds majority vote on the motion. The MP for Tamale South, Haruna Iddrisu, supported the motion and said, if approved, it would give enough time after the election for the transition to take place.
However, Osei Bonsu Amoah, MP for Akwapim South, argued that it was not enough to change the election date because of the transition, citing: “The date alone can’t ensure smooth transition. There should be a legal framework to back the transition.”
After both sides had given reasons why the date should be changed and vice versa, the Speaker of Parliament, Rt. Hon. Edward Doe Adjaho, in accordance with Article 104 (4) of the Constitution, and Order 110 (A) of the Standing Orders of Parliament, directed that there should be a secret voting on the Bill.
Article 104 (4) states: “Where Parliament is considering a bill to amend the Constitution, or where the voting is in relation to the election or removal of any person under this Constitution or under any other law, voting shall be in secret.”
Order 110, also states: “There shall be secret voting in the House in respect of; (a) a Bill for an Act of Parliament to amend any provision of the Constitution.”
At the end of ballot, while 125 members voted FOR the bill, 95 of them voted AGAINST it. The total number of parliamentarians currently stands at 275, out of which the constitution demands a two-third vote, as far as voting for a bill of this nature is concerned.
According to Article 291 (3): “Where Parliament approves the bill, it may only be presented to the President for his assent if it was approved at the second and third reading of it in Parliament by the votes of at least two-thirds of all members of Parliament.”
By simple mathematics, two-thirds of 275 is about184. Unfortunately, the votes for the motion were only 125. This made the Speaker, in accordance with Article 291 (3), to declare that, “the Constitution (Amendment) Bill, 2016 is rejected at the second reading.”
His declaration meant that until there is another move to amend the constitution, with it gaining the required votes, Ghana will still go to the polls on December 7, every election year.
However, in an exclusive interview with The Chronicle, Dr. Akoto Afriyie said that the Minority feels vindicated for shooting down the proposal.
He said the decision of the Minority was based on the time left for the elections, and the fact that the EC had electoral reforms to implement, following the landmark election petition in 2013.
According him, looking also at the reforms by the Inter Party Advisory Committee (IPAC), it was going to be difficult for the elections to be held on November 7 this year (Today).
“At the time, the Majority portrayed us as being partisan for not approving the proposal. We (Minority) saw that the time was too short for the EC, and that it could propose for it (the amendment) to take effect in the next election, but not this year’s elections. We, on the Minority, did not even anticipate these court cases flying here and there, from the High Court to the Supreme Court, following the disqualification of some presidential candidates. Events are now proving that if we had toed the same path as the Majority, by now we would’ve been in a serious constitutional crisis.”
The EC is being faced with legal battles with exactly a month from today to the elections. It (EC) has not been able to fulfill a constitutional requirement on the notice of polls for the presidential election as a result of the litigations.
Meanwhile, the Supreme Court has set today to give a ruling on a case filed by the EC to quash a High Court ruling on Dr. Papa Kwesi Nduom, presidential candidate of the Progressive People’s Party (PPP), but the EC is optimistic it could go through the electoral processes to ensure the election was held on December 7.
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