Elections without a Chairperson

Jun 22, 2019 Letters

DEAR EDITOR,

As is to be expected there has been an expansive flow of views concerning the holding of the next general elections; as well as the status of the chairman of GECOM following the recent ruling of the CCJ on the latter.
Perhaps it might help to inform the debate by reference to the provisions of the Constitution that are relevant.
First of all please note the following extracts:
161A. (1) The Elections Commission shall be responsible for the efficient functioning of the Secretariat of the Commission, which shall comprise the officers and employees of the Commission, and for the appointment of all the staff to the offices thereof inclusive of all temporary staff, recruited for the purposes of boundary demarcation, resignation of persons and elections shall have the power to remove and to exercise disciplinary control over such staff.
(2) The Elections Commission may, by directions in writing and subject to such conditions as it think fit, delegate any of its powers under paragraph (1) to any one or more members of the Commission, or by such directions and subject to such conditions as it think fit, delegate such powers to such officers of the Commission as the Commission may determine.
It seems fair to interpret from the foregoing that it is the staff who are responsible for the execution of:
– Boundary demarcation
– Registration of persons, and
– Elections
As is well established, it is the Chief Elections Officer who is directly responsible for the management of all related staff, and the delivery of all operational results.
In this regard, the following should be noted.
161B. It is hereby declared that the role of political parties and their nominees in the conduct of elections by the Elections Commission shall be limited to their participation in determining policy, monitoring the electoral process and the conduct of the election, but does not include active management of the electoral process.
Note carefully: the Commission’s role does not include active management of the electoral process.
More explicitly the Commission’s role is as set out below.
162. (1) The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by under this Constitution or, subject thereto, any Act of Parliament; and subject to the provisions or this Commission, the Commission –
(a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly; and
(b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.
But clause (2) of the same, while 162 provides for the following:
(2) Notwithstanding anything to the contrary in this Constitution, if the Elections Commissions is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160(2) on the day appointed therefore would be attended, either generally or in a particular area, by danger or serious hardship it may, after consultation with the Prime Minister and the Leader of the Opposition, by notice published in the Gazette –
(a) postpone the holding of the election to a day specified in the notice; or
(b) postpone the voting in any area specified in the notice to a day so specified.
From a review of the above provisions it seems arguable that the Chairman is not critical to the decision-making regarding a viable date for elections to be held; since he (and the Commissioners) would have to be advised in any case by the Chief Elections Officer.
In the circumstances, therefore, the chairmanship can be seen as a non-issue.
The Chief Elections Officer, who has the responsibility for the conduct of elections, should be considered capable of making an appropriate pronouncement.
Yours faithfully
E.B. John

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