ROPAL: EC Risk Contempt of Court- Kabila

Acting General Secretary of the Convention People's Party (CPP), Kwabena Bomfeh popularly known as Kabila says the Electoral Commission risk a contempt of court for their inability to implement a court decision on the implementation of ROPAL.

He has asked the three (3) Commissioners to be a bit careful in their activities.

Speaking on Okay FM’s 'Ade Akye Abia' programme, he expressed worry as to why the Electoral Commission would want to buy more time for the implementation of ROPAL.

"We have discussed this extensively so why is the Electoral Commission trying or refusing to implement the decision of the High Court," he asked.

The Electoral Commission has asked for one more year to put things in place to enable them implement ROPAL after a high court has ordered for the implementation.

The Electoral Commission (EC) wants 12 more months to implement the Representation of the People Amendment Act (ROPAL).

The Act seeks to provide an opportunity for Ghanaians living abroad to participate in general elections, was passed by Parliament 12 years ago.

But the EC has been unable to see to its implementation. The Commission cites the unavailability of the required resources as its reason for failing to adhere to the law.

Not even a suit and an order by the Accra High Court in 2017 for the Commission to begin the process of implementation has caused it to act.

In that case, the Presiding judge, Justice Anthony Yeboah, chided the EC for breaching the rights of Ghanaians living abroad by failing to give them an opportunity to vote.

He thus condemned the EC’s failure to address challenges preventing Ghanaians living abroad from voting, and specifically asked them to ensure that arrangements are made for such people to vote in the 2020 elections.

If the processes had started as the court had ordered, the EC should have completed the process by end of 2018.

It said “Motion on notice for and on behalf of the Respondent/Applicant [which is the EC] for an order for Extension of Time for 12 calendar months within which to operationalise Act 699…”

The EC Chair, Jean Mensa in an affidavit in support of the motion stated that management challenges at the Commission which led to the removal of the former Chair, Charlotte Osei is one of the reasons why the act had not been implemented.

“I say yet again that prolonged leadership challenges at the Commission stalled decision making at the management level and thus affected the operationalisation of Act 699 within the one year period ordered by the court.

“I say further that the EC could not constitute a Committee to carry out the orders of the court because of the prolonged leadership challenges relating to my predecessor and her deputies.”