The Electoral Commission and the Judiciary of Ghana are the only two State Institutions conferred with the jurisdiction to make any determination as to the suitability or qualification of a person in any electoral processes under Article 45 of the 1992 Constitution, Representation of the Peoples Law, PNDCL 284, Public Elections Regulations, 2020 (C.I. 127) and Articles 94, 99 respectively. Any other person or authority who may purport to make any determination whatsoever on the validity or otherwise of a person in any electoral processes in Ghana can be likened to that midfield libero in a football game who wants to play on every side.

Baffo-Bonnie JSC in the case of Akufo-Addo and Others V. Mahama & Another underscored the complexity nature of elections in Ghana as such:

“Elections are complex and run by fallible human beings…. Because absolute electoral perfection is unlikely and because finality and stability are important values, not every error, imperfection or combination of problems found in an election contest, voids the election or changes its outcome”.

Running of Public Elections by Election Management Bodies is deemed as a process and not as a mere event and until such process or golden thread is carefully weaved to make a knot, such is deemed not COMPLETE. This Process Doctrine was outlined by the Kenyan Supreme Court in the landmark case Raila Odinga & Another V. Independent Electoral and Boundaries Commission & Others [2017] KESC 31 (KLR) in enhancing electoral integrity as follows:

• ACCURACY: Ballots are properly counted and tabulated to yield correct totals and mathematically precise results.
• VERIFIABILITY: The results record is created and maintained on the prescribed forms, executed by authorized election officials and published in the appropriate media.
• SECURITY: Electoral processes and materials used are protected from manipulation, interference, loss, and damage.
• ACCOUNTABILITY: Polling station, constituency, and national tallies together with the ballot papers used are capable of being audited.
• TRANSPARENCY: Polling, counting and tallying processes as well as the announcement of results are open to observation and copies of election documents are easily accessible to the polling agents, election observers, stakeholders and the public and also polling results forms are promptly published on the public portal.

The above Process Doctrine in enhancing electoral integrity outlined by the Kenyan Supreme Court is enforced in Ghana under Regulations 26, 27, 36, and 39 of C.I. 127.

In furtherance to the foregoing, the Electoral Commission’s constitutional and statutory duties are deemed to come to an end on Parliamentary elections where Regulation 43 of C.I. 127 is triggered – “DECLARATION AND PUBLICATION OF PARLIAMENTARY ELECTION RESULTS”. The EC by the instant Regulation is required among others upon receipt of an endorsed writ with the name of the person elected and a note of the total number of votes cast for each candidate publish in the Gazette a notice stating the name of the person elected and the total number of votes cast for each candidate and inform the Clerk to Parliament soon after that, of the name of the candidate elected.

Once this procedure is COMPLETELY exhausted, the Electoral Commission then becomes funtus officio and has no business with the electoral procedure again.

Flowing from above, it is disingenuous and out of malice will no mean person than the Speaker of Parliament, not only to bind himself but purport to bind the Legislative body to his prejudicial comment on his capacity to determine who an MP elect is…

Conclusion: For a Speaker of Parliament in good standing as a lawyer to disregard the tenets of the law leaves much to be desired and as such the words “PROCUL, O PROCUL ESTE, PROFANI” meaning Be off, O be gone, ye uninitiated should be declared on the persona of Rt. Hon. Speaker of the 8th Parliament as he brings his work to an end.