Jean Mensa’s Overreach and Consequences

I wish to begin with the phrase, “Whom the gods would destroy they first make mad.” Also, see Proverbs 16:18.
Ghana’s electoral integrity must be safeguarded, and the will of the people must be respected, regardless of any challenges that may arise.

Yesterday’s press conference held by the Electoral Commission (EC) Chairperson, Jean Mensa, has raised serious concerns about the Commission’s overreach and disregard for the established legal processes in Ghana’s democratic system.
While the issues she highlighted regarding disruptions and irregularities in the collation of parliamentary results in nine constituencies are undoubtedly concerning, her proposed course of action is deeply problematic and, if implemented, would set a dangerous precedent.
These re-collations and declarations would be highly ultra vires, as provided under Article 99 of the 1992 Constitution of Ghana.

First and foremost, it is imperative to stress that the EC Chairperson has no authority to arbitrate election disputes. She is responsible for supervising the election procedures. She does not, however, have the legal right to unilaterally designate such statements “illegal” or to disregard them.
The judiciary alone has that authority, as it is the appropriate body to decide cases involving contested results and anomalies in elections. It’s fascinating that Mrs Jean Mensa believes she can act as a judge in her own right to determine a vitiating factor in a process.

The Chairperson’s assertion that the Commission “will not uphold” certain declarations is a clear overstepping of her bounds.
By making such a pronouncement, she is effectively usurping the role of the courts and undermining the principles of due process and the rule of law. Ghanaians deserve to have their electoral disputes resolved through the proper legal channels, not through the EC’s own interpretation of events.

Furthermore, the Chairperson’s request that the President and the President-elect step in is extremely concerning. What is it that she wants them to do? The political parties have been pleading with the EC Chair for an urgent IPAC meeting to reach a mutually agreeable solution for the past few days, but their requests have been ignored.
The Commission shouldn’t be seeking political influence or meddling in the election process, even though it might need security and protection to perform its duties. Dr George Akuffo Dampare, the Inspector General of Police, shouldn’t be dragged into this political challenge. This is an issue that the EC has created for itself. It’s time for the EC to clean up its own mess.

It is equally troubling that the Chairperson has proposed the re-collation of results in certain constituencies, despite the lack of legal basis for such a move.
Except for those that have not yet been collated, Ghanaian law does not recognise the idea of re-collation. It is the EC’s responsibility to follow the election dispute resolution processes specified in Ghana’s electoral laws, not to create new ones on the fly.

The Chairperson’s actions appear to be driven more by a desire to assert the EC’s own interpretation of events rather than upholding the rule of law and the will of the Ghanaian people.
This is a dangerous path that, if left unchecked, could undermine the very foundations of our democracy and set a precedent for future elections where the EC becomes the arbiter of electoral outcomes rather than an impartial and independent institution.
The EC Chair has stuck to an extremely authoritarian stance since taking office. That is detrimental to democracy. Ghanaians need the Electoral Commission (EC) to handle disputes over the nine constituencies’ parliamentary results in a fair and transparent manner.

Instead of trying to change procedures to fit specific situations, the EC must adhere to established principles to ensure consistency.
In the 2020 Techiman South parliamentary case, the EC maintained that complaints should be handled by the courts rather than by the EC exclusively once a declaration was made.
What has changed, then? The EC has to implement the regulations consistently, without changing the process for certain situations. It must ensure that every decision is fair and impartial. Complaints should be resolved in court rather than through EC action unilaterally.

The clamour for the EC Chairperson’s resignation is gaining traction. Many argue that her presence in government undermines public trust, particularly following the 2024 presidential election.

I strongly support the call by Joyce Bawah Mogtari, a special adviser to President-Elect John Dramani Mahama. She has demanded the resignation of Jean Mensa, Chairperson of the Electoral Commission (EC), due to the Commission’s political and incompetent management of the 2024 elections.
Mogtari criticises the EC for delays in announcing official results, contributing to election-related violence, and for having too many partisans and arm-twists. She also criticises the EC’s expenditures and the destruction of voting papers.

Penplusbytes recommends the EC Chair and Deputies resign, highlighting the importance of the EC in ensuring legitimacy and confidence in the electoral process.

In conclusion, the EC Chairperson’s voluntary resignation is recommended due to potentially undermined public faith and future electoral processes. The Chairperson’s actions and statements are concerning and must be rejected.
The EC must respect legal processes and the judiciary’s role in resolving electoral disputes. Any attempt to circumvent these processes or assert the Commission’s interpretation would be a disservice to the people of Ghana and betray democratic principles. Election integrity must be safeguarded and the people’s will must be respected.
I miss Dr Kwodwo Afari-Gyan.

Source: Evans Mawunyo Tsikata

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