Known as CI 89, it is a document consistent with the 1992 Constitution and grants the right for the conduct of the elections and provides the guidelines.

 

It was laid on behalf of the Minster of Local Government and Rural Development, Alhaji Collins Dauda, by the Minister of Lands and Natural Resources, Nii Osah Mills.

 

The Speaker of Parliament, Mr Edward Doe Adjaho, as is consistent with the practices in the House, has referred the CI to the Parliamentary Select Committee on Subsidiary Legislation for its consideration and report.

 

CI 89 has been fashioned around CI 75 which provides guidance for the conduct of presidential and parliamentary elections in the country.

 

The laying of the CI marks the beginning of the countdown to the district-level elections which should have been held on March 3, this year. But as the law stipulates, the CI can only mature and, thereby, come into effect 21 sitting days after it has been laid in Parliament

 

Parliament is expected to break for the Easter holidays on March 27, and reconvene in the second or third week in May and if that happens, it will mean that the CI would have been laid for only four days before the break.

 

The Special Committee established by the Speaker to chart the way forward with regard to the elections, after the Supreme Court had ruled that the elections could not be conducted on March 3, has recommended a recalling of members during the Easter break.

 

This is to enable the CI meet the mandatory requirement of 21 sitting days for the timely conduct of the elections by the Electoral Commission (EC ).

 

Background

 

The Supreme Court, on February 27, ruled that holding the elections on March 3 would be unconstitutional and therefore, ordered the EC to reopen nominations and fix a new date for the polls.

 

This was after an aspirant from Winneba, Mr Benjamin Eyi Mensah, had filed a writ at the court seeking an injunction on the elections.

 

He argued that even before the CI 85, which was to guide the conduct of the elections could come into effect,  the EC had opened and closed nominations.

 

According to him, as a law-abiding citizen, he had waited for the CI to come into effect before filing his nomination and when it took effect, he went to the offices of the EC in Winneba to file his nomination only to find, to his utter shock, that the EC had closed the receipt of nominations.

 

In his view, the conduct of the EC was not only unconstitutional, but also prevented law-abiding citizens who intended to contest the elections and who were waiting for the CI to come into effect, from doing so.

 

Parliament subsequently invited the Chairman of the EC, Dr Kwadwo Afari-Gyan, to explain the circumstances surrounding the order made by the Supreme Court, temporarily suspending the elections.

 

The EC Chairman apologised, requested GH¢ 90 million for the conduct of the elections and said the EC had already spent GH¢ 317 million on the botched March 3 polls.

 

He said if a new CI was to be laid before the House and it took the mandatory 21 sitting days to mature,  the elections could  be held in July or after that month.