The Centre for African Democratic Affairs (CADA), an Accra-based civil society organization committed to the promotion of democracy and good governance on the African continent, has challenged Government’s recent creation of 42 additional districts in the country, saying that the move has not been made in accordance with the law.

In a press release signed by Mr. Benjamin Osei-Bugyei, Executive Secretary of CADA and copied to the Ghana News Agency in Accra on Thursday, the Centre observed that in spite of the justification by the authorities that the exercise was carried out for the purpose of deepening democracy, promoting development and bringing governance closer to the people, facts remained that it did not take into account the legal provisions under the Local Government ACT, Act 462 of 1996, and could therefore not be said to be democratic.

“The rule of law constitutes one of the four basic elements of democratic governance” CADA emphasized, and outlined factors that the Electoral Commission (EC) should take into consideration before making any recommendations to the President on the creation of Districts and District Assemblies, as enshrined in Act 462.

According to the release, the factors include the existence of a minimum population of 75,000 inhabitants; a municipality in the geographical area that consists of a single compact settlement with a minimum of 95,000 people; a metropolis with a minimum population of 250,000; and the economic viability of the area, “namely the ability of an area to provide basic infrastructural and any other developmental needs from the monetary and other resources generated in the area”.

The release cited population figures of some of the areas in question from the 2010 Census, and contended that if those districts were split, the new ones that would be created would not be able to meet the minimum population threshold for qualification as viable districts as required by law.

“If the law was ignored, then the exercise cannot deepen democracy in the country as is being claimed by the Government”, CADA further contended, and stressed the need for such exercises to be carried out with the utmost transparency and integrity.

It noted that if the rush to create new districts without recourse to the existing laws was meant to compel the EC to cede constituencies to such areas, it would “not wash” since the Commission must of necessity adhere to laid down regulations whenever constituency boundaries were reviewed.

“If the Commission accepts to cede constituencies to the new districts that do not adhere to the existing legal provisions, it will amount to gerrymandering and therefore unconstitutional and undemocratic”, the release stated.**