Former justice of the Supreme Court of Ghana, Justice William Anaam Atuguba, has slammed the Electoral Commission of Ghana (EC) over its refusal to allow an independent audit of the voters register for the pending 2024 general elections.

Speaking in an interview on TV3 on September 19, 2024, the retired Supreme Court judge, while making reference to the 1992 Constitution of Ghana, indicated that the EC’s refusal for a forensic audit, a demand of the opposition National Democratic Congress, was unconstitutional.

He added that the commission's stance was not only unlawful but a sign of authoritarianism.

“That looks very absurd to me, and I don't intend to be abusive, but to make the point very forcefully, I think it's dictatorial to take that position. Because the Constitution gives them the power. But that power is circumscribed by other provisions of the constitution.

“Let's look at their powers briefly, just the relevant parts; 45 clauses A and D as follows: ‘The Electoral Commission shall have the following functions: A. To compile the register of voters and revise it at such periods as may be determined by law. D. To educate the people on the electoral process and its purpose.’ Let's even pause here a bit. Is that proper education? Just to tell people who have pointed out grievances that you have acknowledged exist, and then after that, you said that's the end we've affected, right? They have not seen them, and that's the end of it. Is that proper education of the people on the electoral process and its purpose?” he asked.

He added, “I mean, to have blind trust in the mere ipse dixit of the Electoral Commission, that says because that said so, that's the end. That's a dictatorial posture to take, and for me, others can have their views, but looking at this constitution in the round, that kind of situation is entirely outside the boundaries of the constitutional order put in place.

Justice Atuguba also indicated that the posture of the EC also violates Article 1 of the Constitution, which states that all actions taken by authorities of the state must be in the interest of the people.

He indicated that he does not see how the EC’s refusal of an audit of the voters' register would be in the interest of Ghanaians.

“The other provision impinging on the powers of the commission or anybody given power under the constitution is Article 1, Clause 1. Let us always revisit that provision; it is the most important provision in the entire Constitution. It says, ‘The sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution.’

“All assets of constitutional power are to be geared towards the interests and welfare of the people as the sovereign of the country. And I am at pains to see how a sovereign power whose interests and welfare have to be served by all donors of constitutional power can be just dismissed outright.”

He added that an audit of the voters' register would dispel all the doubts about the register and ensure a free, fair, and transparent election.

BAI/OGB

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