The National Democratic Congress (NDC) candidate for the recent Kumawu by-election, Kwasi Amankwaa, has been shown by the Electoral Commission to not be a registered voter in the constituency despite filing and running in the by-election.
According to the EC, Mr. Kwasi Amankwaa is a registered voter in the Greater Accra district of Ayawaso West Wuogon, but he ran in the Kumawu by-election anyhow because he is a resident of the district.
The Commission questioned why the opposition did not voice similar concerns in Kumawu in response to claims made by the opposition NDC that the EC is collaborating with the NPP to secretly register a voter in Assin North.
Why was this problem not brought up by the NDC before the Kumawu Constituency By-Election? The claim made by Sammy Gyamfi that the EC is collaborating with the NPP to secretly register a voter in Assin North is FALSE still stands as a matter of truth. It is false, and we challenge Sammy Gyamfi to demonstrate it, according to the statement.
The Commission argues that over the years, Sammy Gyamfi and the NDC have spread untrue allegations intended to defame the EC’s integrity.
Their petition to the Supreme Court following the 2020 elections, in which they claimed to have won the elections, made this clear. It is commonly known that they were unable to back their claims with proof in court.
“This latest accusation is nothing new. It is a fabrication of the National Communication Officer, wholly unjustified and without foundation. All well-meaning Ghanaians are urged to disregard it.
“Ghana’s democracy has matured, and we urge Sammy Gyamfi to speak honestly, maturely, and with decorum when he discusses the EC. We kindly request that he leave the EC alone and go out and campaign.
Following the release of an earlier statement to address a related claim, the EC published a statement on June 6, 2023 to address Sammy Gyamfi’s allegation.
According to Article 94 of the 1992 Constitution, a person must be a registered voter, at least 21 years old, a resident of or have lived in the constituency for a total of five (5) years in the ten (10) years prior to the election they wish to run in, according to the Commission’s previous response to the National Communication Officer. This is the stance of Ghana’s foundational law, the Constitution of 1992.
“The National Communication Officer of the DC in his response makes the claim that the EC only relied on the 1992 Constitution to make the case that a person need not be a registered voter in the Constituency he/she intends to stand for election.
He asserts that the EC should have also relied on the CI 127 and in particular the Nomination Form contained in CI 127 before arriving at the conclusion that a person need not be a registered voter in the same Constituency he/she intends to contest.
He argues that the phrase “of the same Constituency” on the Parliamentary Nomination Form should take precedence over the Constitution in order to make the point that a candidate for a parliamentary election must be a registered voter in the same Constituency that he or she intends to run in. This claim is false.
The Nomination Form contains the following information for the benefit of the public:
*We, the undersigned, are registered voters in the _______ Constituency, and we hereby nominate… ‘of the same Constituency’ to stand for election as a Member of Parliament. We also thus declare that, to the best of our knowledge, he/she is qualified to do so.
For the sake of the general public’s knowledge, Mr. Kwasi Amankwaa, the NDC candidate in the most recent by-election, is not a registered voter in the Kumawu Constituency.
He is a registered voter in the Greater Accra Region’s Ayawaso West Wuogon Constituency, but because he is a native of that area, he ran in the Kumawu By-Election. Why wasn’t this matter brought up by the NDC before the Kumawu Constituency By-Election?
The claim made by Sammy Gyamfi that the EC is collaborating with the NPP to secretly register a voter in Assin North is FALSE still stands as a matter of truth. It is false, and we ask Sammy Gyamfi to demonstrate it.
As was already mentioned, it is clear that the Nomination Form only requires individuals nominating a candidate for a parliamentary election in a Constituency to be registered voters in that Constituency, not the candidate who is being nominated to run.
To be eligible to run for office in a constituency, a candidate just needs to be a native of or currently reside in that constituency. To paraphrase Sammy Gyamfi, it would be foolish, unreasonable, illogical, and unconstitutional to read what is said on the Parliamentary Nomination Form to indicate that the candidate must also be a registered voter in the same Constituency.
