The Director of Legal Affairs of the National Democratic Congress (NDC), Edudzi Tamakloe, has criticised Electoral Commission (EC) Chairperson Jean Mensa for her handling of parliamentary election results in some constituencies.
According to him, Jean Mensa and her fellow commissioners have allegedly positioned themselves as either above the law or arbitrarily interpreting it to suit their purposes.
“Madam Jean Mensa and her other commissioners have turned themselves into the law or either above the law, and have decided to do whatever pleases them. I strongly believe that in a democratic arrangement, as we have it, it is the law that must have its way,” he said on JoyNews’ Top Story on Thursday, December 19.
His comment comes amidst heightened tensions over the declaration of parliamentary election results, particularly in constituencies where results have been contested.
The NDC has initiated legal actions in several constituencies, challenging the declaration of results.
However, the Commission on Thursday held a press conference on the matter despite being served court processes and called on President Akufo-Addo to provide them with adequate security to engage in this re-collation exercise.
In light of this, Mr Tamakloe accused the EC leadership of disregarding electoral regulations and operating as though they were above the law.
He referenced Constitutional Instrument (C.I.) 127, which governs the conduct of elections, stating that regulations (2) and (3) clearly state that the responsibility for declaring parliamentary election results rests solely with the returning officers of the respective constituencies.
Mr Tamakloe argued that Jean Mensa and EC officials have overstepped their authority in attempting to challenge or overturn results declared by returning officers in some constituencies.
“The returning officers of the constituencies comprising Obuasi East, Ablekuma North, Okaikwei Central, Tema Central, Dome Kwabenya, extensive with the lawful mandate to make a declaration of parliamentary elections are the people who made the declaration in respect of these five constituencies.”
“….Not even Jean Mensa, not even Bossman Asare, or Samuel Tettey have the legal capacity whatsoever to overturn decisions made by the lawful returning officers of this respective constituency,” Mr Tamakloe asserted.
He criticised the EC for attempting to re-collate results, an action he described as unprecedented and outside the scope of the Commission’s powers.
The NDC’s legal director did not hold back in his critique of Madam Mensa’s leadership style, accusing her of lacking the principles required to uphold the democratic process.
“I listen to Madam Jane Mensa make the point that she does not want to set a bad precedent. Madam, you are just not a principled woman. You lack integrity, you lack principle,” he added.
