A Retired Justice of the Supreme Court, William Atuguba has said that people who have been put in authority to act in the interests of Ghanains are failing to exhibit fairness in their operations.
He accused the Electoral Commission (EC) of adopting an unfair posture regarding the calls to audit the voter register.
Speaking on the Ghana Tonight show on TV3 Thursday, September 19, he said “In the first place the person who exercised that power to appoint, if he is mindful of the requirement that the exercise of the power shall be fair and candida you don’t go and bring your stooges to run a national institution
“Their appointment, is it fair and candid? If it is true that most of them are politically exposed is that a fair and candid way of doing it? Should they themselves have even accepted that appointment? We are not serious and that is why we are suffering so much, people just enjoy the power without looking at the constraints hedging the power around.”
Mr William Atuguba also expressed the view that auditing the voter register as is being demanded by the National Democratic Congress (NDC) will answer all the questions asked against the register.
Citing Article 216 of the 1992 Constitution, Justice Atuguba (rtd) indicated that in a manner of fairness, the Electoral Commission will have to examine the register.
He said “You just don’t look at people and tell them this is what I have done so take it like that, if it is not in line with the Constitution they have the right to insist that you comply because they have the right and duty to defend the Constitution and the law.”
Asked whether an audit based on what Ghanaians are confronted with now will be one of the corrective measures and satisfy all the questions provisions voters register, he answered “Absolutely” and proceeded to justify his answer with article 296 of the Constitution.
Article 266 says Where in this Constitution or in any other law discretionary power is vested in any person or authority –
(a) that discretionary power shall be deemed to imply a duty to be fair and candid;
(b) the exercise of the discretionary power shall not be arbitrary, capricious or biased wither by resentment, prejudice or personal dislike and shall be in accordance with due process of law; and
(c) where the person or authority is not a judge or other judicial officer, there shall be published by constitutional instrument or statutory instrument, regulations that are not inconsistent with the provisions of this Constitution or that other law to govern the exercise of the discretionary power.
He was commenting on the Enough is Enough nationwide demonstration organised by the National Democratic Congress (NDC) on Tuesday, September 17 to press home their demand for the audit of the voter register.
“Our demand is simple,” National Chairman of the NDC Johnson Asiedu Nketia said.
He added “We want the EC to ensure a free, fair, and transparent election and a credible register is central to that goal.
“We want nothing but transparent elections that will guarantee our right to choose our leaders. Without the right of self-determination, democracy is good as gone and every democracy at one point in time, comes under threat Ghana’s democracy is under serious threat now and we want to prevail.
“We shall overcome because every democracy has the risk of producing a tyrant but our ability to fight that tyrant and restore democracy once again is paramount and we shall prevail.”
Source: 3news.com
