ECOWAS OBSERVER MISSION TO THE

DECEMBER 28, 2008 PRESIDENTIAL RUN-OFF ELECTION IN GHANA

PRELIMINARY DECLARATION

Introduction

After the presidential and parliamentary elections held in Ghana on December 7, 2008, the Leader of the ECOWAS Observer Mission, H.E. General Dr. Yakubu Gowon, GCFR, Former Head of State of the Federal Republic of Nigeria, issued a Preliminary Declaration at a press conference on Monday, December 8, 2008. The Declaration highlighted the main findings of the ECOWAS Fact-Finding and Observer Missions on the country’s preparations for, and conduct of the December 7, 2008 polls, respectively.

The Declaration:

? described the elections as free, peaceful, transparent and credible;

? attested that the vast majority of voters were given ample opportunity to exercise their franchise in a transparent, tranquil and orderly manner; and

? commended the Electoral Commission (EC) for administering the elections with competence, fairness and firmness.

The Mission congratulated the Government, Electoral Commission (EC), security agencies, political parties and the people of Ghana for their commitment to the ideals of democracy and for conforming to the provisions of ECOWAS Protocol on Democracy and Good Governance (A/SP1/12/01). It urged Ghanaians to maintain the atmosphere of peace by employing exclusively peaceful and constitutional means in seeking redress to any grievances that may arise in the course of the election.

The Mission took positive note of the practice of early voting for categories of persons performing essential duties on Election Day; proxy voting and transfer of voters. It also noted the high level of competence and commitment of the electoral officials and the transparency of the voting process. It, however, regretted the low number of women contestants in the elections and the prolonged closure of Ghana’s land borders without adequate notice. The Mission also called for a review of campaign financing to minimize the monetization of politics.

ARRIVAL AND PRE-ELECTION ACTIVITIES OF THE ECOWAS MISSION

The ECOWAS Observer Mission returned to Ghana on December 22, 2008 for the presidential run-off. It was made up of one hundred and fifty (150) persons drawn from ECOWAS Member-States. It comprised delegations of the Community Parliament, national electoral management bodies, ECOWAS ambassadors accredited to Nigeria, the ECOWAS Council of the Wise; and civil society electoral experts. It was led once again by H.E. General Dr. Yakubu Gowon and assisted by a technical team from the ECOWAS Commission.

On arrival, the Mission held discussions with the authorities and other observer missions on the preparation for the run-off, and the security and political situation. The ECOWAS Observers were deployed throughout the country from the coordination headquarters in Accra and two sub-centres in Kumasi and Tamale. They covered the majority of the 230 Constituencies in the ten Administrative Regions viz; Greater Accra, Central, Eastern, Western, Volta, Ashanti, Brong Ahafo, Northern, Upper East and Upper West.

PRE-ELECTION ENVIRONMENT

Following the outcome of the December 7 elections, the two candidates who qualified for the presidential run-off were: Nana Akufo-Addo, the flag-bearer of the New Patriotic Party (NPP) and Professor John Evans Attah Mills, the presidential candidate of the National Democratic Congress (NDC). During the campaign for the run-off election, there was a noticeable shift from party based rhetoric to that based on the personality of the candidates. The two political parties emphasized the personal attributes of their flag bearers. Given the high stakes involved, the atmosphere was charged and the campaigns were, at times, characterized by inflammatory rhetoric.

The atmosphere during the campaign for the run-off election was characterized by the following:

1. Permutations geared towards electoral victory by both political parties based on projections from their respective regional and ethnic strongholds.

2. Accusations and counter-accusations about plots to unduly influence the outcome of the votes through intimidation and manipulation of votes in the strongholds of the two political parties.

3. Despite the tensions in the atmosphere, there were only isolated incidents of violence reported across the country.

4. There was an intensive voter education effort to minimize the incident of spoilt ballot papers. There was also a heightened campaign by the media and civil society organizations for a responsible conduct of political parties and their followers to ensure a peaceful outcome.

5. Reports in some sections of the media spread panic through exaggerated accounts of threats or actual incidents of violence in the run up to the presidential run off.

6. The sudden and untimely closure of Ghana’s land borders two days before the election heated up the political atmosphere.

OBSERVATIONS ON ELECTION DAY

A comprehensive report of the ECOWAS Observer Mission is being prepared. Meanwhile, after the initial de-briefing of its observers from the field, the Mission wishes to make the following preliminary observations:

1. Turn-out and Attitude of Voters

? In contrast to the early rush to the polling stations by voters that characterized the December 7 elections, this time around, the voters paced their arrival at the polling stations. Consequently, the voter turnout was a trickle in the early hours of the day but picked up steadily in the course of the day in most parts of the country without resulting in over-crowding.

? Queues were orderly and peaceful. In response to the tension-filled environment in the pre-election period, the presence of security agents was visible in several parts of the country.

? The composition of the electorate was diverse and included a turnout of the physically challenged, the aged, women and the youth.

2. Opening of Polling Stations

• The polling stations were well established, easily identifiable, and well arranged to allow for orderliness in the voting process.

• The vast majority of polling stations opened within 30 minutes of the stipulated time of 7 a.m. due to the early arrival of Polling officials and timely delivery of electoral materials respectively.

3. Electoral Officials and Materials

a. Each polling station was manned by a team of electoral officials composed of the presiding officer and at least two polling assistants. In a few stations, the team was supplemented with temporary electoral assistants trained by the EC.

b. At Polling stations where electoral officials were supplemented with temporary Electoral assistants, the latter were not easily identifiable because they were not wearing badges or the special EC outfits and were less competent in carrying out their assignment.

c. There was a fair gender balance in the selection of the electoral officials.

d. Each polling station was equipped with at least one polling booth and one ballot box, depending on the number of registered voters. The polling booths assured near-perfect secrecy of the ballot.

e. The ballot boxes were transparent and secured with serialized seals, making them less susceptible to manipulation. In almost all the polling stations, the essential election materials arrived early in adequate quantities and were well secured.

4. Security

• Within the polling stations, security was provided by the Ghana Police Service and supplemented by unarmed officers of the Fire, Prison and Immigration Services.

• Security was considerably beefed up and was more visible around polling stations.

• In areas of heightened tension and violence, particularly in marked areas of Northern, Upper East, Upper West, Ashanti and Volta regions, Rapid Response Units of the Ghana Police and the Army were deployed at discreet vantage points to serve as deterrent. The security agencies carried out their activities with professionalism and efficiency.

5. The Voting Process

? At most polling stations, two agents representing each of the two candidates were present.

? The electoral officials were courteous, and discharged their duties with an appreciable level of professionalism and competence. In a few stations where temporary electoral staff were called to serve, they slowed down the voting process. They were not well trained and did not have the quality of skills and capacity of the regular staff.

? In most polling stations, adequate measures were taken to give preference to the aged, the physically challenged, expectant mothers and voters with infants. Provision was made for the blind to vote, either assisted by a trusted person or independently using a tactile ballot holder.

? ECOWAS observers recorded isolated incidents of impersonation of party and police agents.

? Monitoring of voting time by ECOWAS indicated that it took an average of two minutes per person to cast a ballot from the time of verification of voter’s identity. This marked an improvement over the voting on December 7, 2008.

? The vast majority of voters with valid voter ID cards who were at the assigned polling stations were able to cast their votes freely and in secrecy. However, very few voters who could not locate their names in the voters’ register were prevented from voting.

6. Electoral malpractices

? At a few polling stations, acts of intimidation, violence, disruption, suspected cases of electoral fraud and other malpractices were either observed or reported.

? In Ejisu Juaben in Ashanti Region and in the Weija Constituency, agents of one of the candidates were allegedly chased out of polling stations. A shooting incident was reported in Tamale.

? At Wa, Upper West Region (at Busa primary School B, station K010101B) 63 fake ballot papers cast in favour of one candidate were discovered during the counting process.

? In Tamale, at EP Church Aboabo (station H142604), violence broke out between supporters of the NPP and NDC parties near the polling station. Stones were pelted and gun shots were heard. However the Rapid Response Unit quickly intervened to restore peace and order.

? ECOWAS observers noted suspected under-aged voters at a number of polling stations across the country. However, they were allowed to cast their votes because they possessed valid voter ID cards and their names figured in the Voter Register. Little could be done to stop them from voting either by the electoral officials or security agencies.

? The higher than anticipated turnout in the early voting for special categories of professionals on December 23, 2008 provided early ammunition for more accusations of “electoral manipulation” in certain quarters.

? In all reported instances of attempts to undermine the voting process, security agents acted appropriately to prevent such incidents.

Closing, Reconciliation, Counting, Collation and Announcement of Results at Polling Stations

? At most polling stations, all voters had cast their votes by the stipulated closing time of 5 p.m.; the very few who were still on the queues after the stipulated closing time were allowed to exercise their franchise.

? On the whole, the counting, reconciliation, collation, announcement, and endorsement of results at the polling stations were carried out in a transparent, professional, timely and thorough manner.

? The incident of invalid votes was noted to be less than what occurred in the December 7, 2008 elections. Nonetheless the improper timing of the application of indelible ink contributed to the incident of spoilt ballots.

? Party agents, voters and observers witnessed the counting, reconciliation, and the announcement process. The results were endorsed at the polling stations.

? Poor lighting hampered the counting, conciliation and endorsement process at some polling stations.

? At the end of the counting of votes, and declaration of results at each polling station, the ballot boxes containing ballots cast were secured with serialized seals. Unique to the electoral process in Ghana, party agents were allowed to complement the security to the ballot boxes by adding party security seals to those provided by the EC.

PRELIMINARY VERDICT

The Mission wishes to emphasize that its observation at this point captures only the election processes up to the endorsement of results at the polling stations. To this end, the ECOWAS Observer Mission would like to make the following observations on the processes on Election Day, December 28, 2008:

a. The Ghanaian electorates were given ample opportunity to exercise their franchise in a transparent, tranquil and orderly manner.

b. The voting process, including the identification of voters, the secrecy of the ballot, reconciliation, counting, collation, announcement and endorsement of results at the polling stations was free, peaceful, transparent and credible.

c. The Electoral Commission has so far discharged its duties with commendable competence, fairness and firmness. Indeed, the ECOWAS Observer Mission is of the view that once more the EC has so far, lived up to its motto of ‘Transparency, Fairness and Integrity’.

d. As is the case with all contests, the ECOWAS Mission expects the probability of disputes and legal challenges with regard to the outcome of the polls. In such eventuality, however, the Mission urges the aggrieved party to employ exclusively peaceful and constitutional means to seek redress.

e. To this end, ECOWAS will closely observe the concluding phases of the process, particularly the collation and declaration of results of the December 28, 2008 election, as well as the handling of disputes emanating thereof by all concerned, and would make further declarations, should the need arises.

f. Finally, while ECOWAS appreciates the efforts of the Government of Ghana to take all appropriate measures to safeguard the territorial integrity and security of the State in delicate times, the Mission regrets the closure of the country’s borders from 10 am local time on December 26, 2008, two full days to the presidential run-off without prior notice to the public, thus restricting movement across the country’s common borders with neighboring States. It draws the attention of the Government to the implications of this action on relevant ECOWAS Protocols.

PRELIMINARY RECOMMENDATIONS

With regard to the challenges observed in the course of the electoral process, the Mission wishes to put forward the following recommendations:

1. The Government and political parties should encourage the participation of women and the youth at all levels of the political process, particularly, in seeking elective positions.

2. As part of the measures to reduce long queues and delays on Election Day, particularly in the capital and other urban centres, the EC should consider increasing the number of polling booths and ballot boxes, with a corresponding increase in polling staff at polling stations with enough space.

3. The use of indelible ink before the casting of vote resulted in a high number of rejected ballots during the Presidential run-off. The ECOWAS Observer Mission hereby reiterates its recommendation to the Electoral Commission that the indelible ink should be used after the casting of the vote as is practised in many countries.

4. The EC should, as a matter of urgency, improve the process of “voter list transfers” by compiling them in serialized or alphabetical order, and ensuring their early delivery to the designated new polling stations.

5. The EC and the Parliament are strongly urged to initiate the process of the enactment of legislation on campaign financing to check the perceived monetization of the electoral process.

6. The EC should make adequate provisions for dependable electricity and back-up lighting at polling stations, particularly in areas without electricity.

7. The EC, Commission on Civic Education and other relevant NGOs should organize more capacity building workshops for polling officials, party agents and observers in order to further improve the voting and monitoring processes.

8. Border closures should only be effected where it is absolutely necessary and in any event, only on Election Day. Otherwise it will be viewed as a panic measure with capacity to heighten tension in the polity. Once a comprehensive voters’ list has been compiled there should be no panic about free movement of people within and across the territorial borders of the country.

CONCLUSIONS AND RECOMMENDATIONS

The ECOWAS Observer Mission wishes to emphasize that its observation at this point captures only the processes up to the endorsement of results at the polling stations on December 28, 2008. To this end, the Mission makes the following observations on the presidential run-off in Ghana:

? Despite the enormous pressure that was brought to bear on the Electoral Commission from different quarters, the Commission was able to adequately prepare the grounds for the conduct of the election in an even more efficient, transparent and credible manner than it did on the December 7, 2008.

? The Mission also wishes to commend the enhanced visibility and rapid response of the security agencies to trouble spots in a few polling stations, which enabled the voting process to proceed relatively peacefully. The exemplary professionalism, efficiency and neutrality of the security agencies reemphasized the maturing of democratic culture in Ghana’s polity.

The Mission is delighted that so far, the electoral process has proceeded peacefully and wishes to commend the Government, EC, political parties and the people of Ghana for their determination and commitment to the electoral process as a basis for advancing the cause of peace, social justice and democracy in the country.

While taking note of the grievances expressed by both candidates in the course of the electoral process, the Mission exhorts all political parties and candidates to accept the verdict of the people as would be declared by the EC in the interests of peace and stability. It urges the winner to be magnanimous in victory and the losing candidate to continue his contribution to the strengthening of democracy in Ghana by accepting the role of opposition.

The ECOWAS Observer Mission wishes to reiterate the plea given to the people of Ghana by the President of the ECOWAS Commission, H.E. Dr. Mohamed Ibn Chambas, on December 25, 2008 urging political leaders, their agents and other concerned individuals and groups to respect the constitutional responsibility of the Electoral Commission of Ghana to officially declare the results of the run-off elections.

The Mission wishes to pay tribute to the outgoing president, H.E. John Agyekum Kufuor for his commendable contribution to the strengthening of democracy in Ghana. As Chairman of ECOWAS from 2003 to 2005, Mr. Kufuor made significant contributions to the consolidation of peace and security in the ECOWAS Region. ECOWAS lauds the role of the President in ensuring a peaceful transition and not for once contemplating the temptation to cling to power. The Mission hopes that he will continue to serve the region with the same passion and commitment even in retirement.

General Dr. Yakubu Gowon, GCFR Head of Mission On behalf of the ECOWAS Observer Mission Accra, December 28, 2008