The Electoral Commission (EC) on Tuesday confirmed that Mr Abdul Rahman Guma, the President's nominee for the position of District Chief Executive for Bawku East, obtained 50 per cent of the valid votes cast on May 17, 2001 and qualified for a second round of voting.

"The total votes cast in the case of the Bawku East is 76 and not 77 due to the single ballot that was rejected because it had no mark on it," Mr Kwadwo Sarfo-Kantanka, EC Deputy Chairman (Operations), told the Ghana News Agency in Accra.

"Mr Guma obtained 38 votes to his credit with 38 against him, making the required 50 per cent," he said.

"In accordance with Article 243 (1) of the constitution, Mr Guna has obtained the 50 per cent votes required and should thus be given a second chance."

The Commission, in an apparent reaction to sentiments expressed by some leading politicians and citizens of Bawku on the issue, explained that it was not true that Mr Guma failed to obtain 50 per cent of the votes cast by the members of the District Assembly on May 17.

Mr Sarfo-Kantanka said the confusion arose out of the calculations and whether to consider the rejected single ballot as part of the members present and voting.

He said calculating the results based on the 77 members present Mr Guma's 38 votes worked out to 49.35 per cent, but calculating without the rejected ballot based on the 76 members who cast valid votes, the nominee obtained 50 per cent.

Mr Sarfo-Kantanka explained that public elections regulations recognised percentage of valid votes obtained by candidates as the basis for calculation and not the invalid/rejected votes.

He said if the president wished to maintain the nominee or otherwise, the Commission was ready to conduct the elections, if it was dully notified. Mr Sarfo-Kantanka admitted the conflicting position of EC's regional director on the issue but said a letter from Accra dated July 4, 2001 signed by Mr Albert K. Arhin, Director of Elections, sought to clarify the position and confirmed the elections results.

The Model Standing Orders for District, Municipal and Metropolitan Assemblies Act 15 (1) states that the DCE for each district shall be appointed by the president with the prior approval of not less than two-thirds majority of the members of the Assembly present and voting at a sitting specifically convened for the purpose.

Section 3 mandates the Electoral Commission to conduct the voting for approval of the president's nominee. On election of the nominee, the model Act 15, (7,8,9 and 10) specifically states that in the event of the president's nominee polling two-thirds or more of the votes of the members of the assembly present and voting, the EC shall notify the president of the assembly's approval within seven days of the approval.

However, where the nominee polls 50 per cent or more of the votes cast but fails to poll the required two-thirds of the members present and voting, there shall be another ballot conducted on the nominee within 10 days of the first ballot unless the president withdraws his nomination.

It further stated that where the president's nominee fails to win the required two-thirds at the second ballot, the president shall withdraw his nomination.

The Standing Orders mandates the president to withdraw his nominee who at any time fails to poll 50 per cent of the votes of the members present and voting.