EC Has No Right To Use Two Days For Nominations

It is emerging that the Electoral Commission has breached several provisions of the Public Elections Regulations, 2012; C.I. 15 which was ironically promulgated under the signature of Dr. Afari Djan. One of the first breaches identified by this paper is that pursuant to Regulation 5(3)(b), the Electoral Commission is only entitled to set aside one day known as �nomination day� to receive the nominations of presidential candidates. As is the case, the Electoral Commission contemptuously disregarded the provision of its own law and instead set aside two days last week for accepting the nominations of presidential candidates. A situation which has resulted in the purported disqualification of a number of presidential candidates including Nana Konadu Agyeman Rawlings, Madam Akua Donkor and Prophet Nkansah among others. Ghanaian Observer (GO)�s legal desk has found out that the EC in its purported actions in opening nominations for the 2012 presidential elections has flouted and infringed CI 15 more areas than one; thereby opening itself to several; legal challenges by law abiding citizens and aggrieved. It is provided at Regulation 5 of CI 75 thus: A candidate for election as President shall be nominated on a separate nomination form in a manner determined by the Commission. The nomination form for each candidate in an election shall be signed by the candidate; be signed by not less than two persons who are registered voters in the area of authority of each district assembly; designate a person to serve as Vice President; be delivered to the Commission on or before the day appointed a nomination in relation to the election. The nomination form shall be in quadruplicate and shall be personally delivered by the presidential candidate, or the person who proposes or seconds the presidential candidate�s nomination between the hours of nine in the morning and twelve noon and the hours of two and five in the afternoon on or before the nomination day. Our legal analysts say once the provisions of CI.75 as quoted above make mention of �nomination day� and not �nomination days,� the Electoral Commission has acted beyond its powers by setting aside two days for the nominations. Other legal analysts however hold a different position and submit that even though CI 75 provides for a �nomination day� because Regulation 5(3)(b) as quoted above makes provision for the nomination form of a presidential candidate to be submitted on or before the nomination day; it is safe for the EC to use two days as nomination days instead of the one day as clearly provided in the law. The rebuttal however is that by the clear provision of Regulation 5(3)(b), a presidential candidate can immediately upon being elected flagbearer approach the Electoral Commission for the nomination forms, complete same and return them to the Electoral Commission and thereafter wait for the nomination day. On the nomination day, such a candidate will however have to comply with Regulation 7(6) of CI 75 which provides: �Before the close of nominations on nomination day, the retuning officer, the candidate, if present, or the persons who have nominated the candidate and are present shall sign a declaration to the effect that, at the close of nominations, the nomination of the candidate was presented and received by the returning officer.� More anon.