REFORMING GHANA’S ELECTORAL SYSTEM

NANA KWAKU DUODU

(13027885)

THIS PROJECT WORK IS SUBMITTED TO THE GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION, LEGON IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF POST GRADUATE DIPLOMA IN PUBLIC ADMINISTRATION AND GOVERNANCE

26TH AUGUST – 13TH DECEMBER 2013

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SUPERVISORS

PRINCIPAL SUPERVISOR----------------------SABRA ASANTE, GIMPA, GREEN HILL, LEGON

SECOND SUPERVISOR---------------------DR. ERIC BOSSMAN ASARE, HEAD OF POLITICAL

SCIENCE DEPARTMENT, LEGON

THIRD SUPERVISOR----------------------------------MR. EMMANUEL SIAW, POLITICAL SCIENCE DEPARTMENT, LEGON

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DEDICATION

To my loving and responsible parents Emmanuel Kofi Ampofo – Duodu and Stella Adobea Yaa Aninakwah.

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ACKNOWLEDGEMENT

Life has a meaning and purpose when you acknowledge and appreciate the superior being, God whose salvation in Jesus Christ and the Holy Spirit, connotes spiritual and physical blessings. I thank Him for my purpose driven life.

Every great work has humble beginnings and is associated with contributors to bring life and meaning to this research study. On this premise, I wish to acknowledge all people who assisted me to complete this piece of work that has academic and societal benefits. My thanks go to my principal supervisor, Sabra Asante of the Ghana Institute of Management Studies (GIMPA) whose directions and counsel enabled me to shape my research study for a meaningful purpose. My Research Methods Lecturer, Dr. Patrick Tandoh, is greatly acknowledged for his in – depth knowledge and contribution to prepare me academically for this piece of work.

When the pendulum shifts in a particular direction, it means to bring up the best in a given situation. Here, I acknowledge Dr. Asare Bossman, head of the Political Science Department, University of Ghana Legon and his Assistant Mr. Siaw whose contributions upgraded this research study to a higher status with meaning and purpose.

When the going gets tough, the tough gets going. Such was the contributions of Management and staff of the Electoral Commission. The five year strategic plan of the Electoral Commission instituted by the Chairperson, Mrs. Charlotte Osei, was timely to give a face lift to this piece of work. The contributions of the former Chairman, Dr. Kwadwo Afari Gyan and Mr. Amadu Sulley, Deputy Chairperson Operations and all Commission Members of the Electoral Commission in diverse ways are also appreciated. It is worth noted the immense contributions of all Directors, Electoral Officers and staff in the filling of the questionnaires that produced this academic piece for societal benefit.

It is worth mentioned the contributions of Church members and friends in the filling of questionnaires to make this research work accomplished. I love the spirit of love and unity as a Church with common interests and purpose.

Family bonds are best cherished when it offers the platform for love, supports, blessing and unity. My biological family is duly acknowledged for standing with me in good and difficult times of my life. They made me see light even in the darkness of uncertainty.

All my Lecturers and the GIMPA class of 2013 August to December are fondly remembered for their contributions.

It is also important to acknowledge the role of Political Parties, Civil Society Organizations, Academicians, Media, Security, Religious Groups and all People whose contributions during the heightened period after the 2012 General Elections, and Supreme Court adjudication of the 2012 Presidential Election Petition.

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I accept full responsibility of any over stretched and under stretched variable or area in this research study. Your contributions are warmly welcomed as building blocks to highlight the research objectives.

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CHAPTER ONE ...........................................................................................................................11.0.0 INTRODUCTION……………………………………………………………….................1 1.1.0 Electoral Reforms undertaken by the Electoral Commission……………………………….3 1.1.1 Constitutional functions of Ghana’s Electoral Commission…………………………….......5 1.1.2 Features of Ghana’s Electoral System…………………………………………………...…..5 1.1.3 Issues of 2012 Presidential Election Petition………………………………………………. 6 1.1.4 Trend of historical political and electoral reforms…………………………………………..7 1.2 Research problem……………………………………………………………………………...9 1.3 Research questions…………………………………………………………………….............9 1.4 Research objectives……………………………………………………………………............9 1.5 Theoretical framework……………………………………………………………………….10 1.6 Scope of study………………………………………………………………………………..12 1.7 Limitations…………………………………………………………………………………...12 1.8 Organization of chapters………………………………………………………………..........13

CHAPTER TWO..…………………………………………………………………..………….14 2.0 LITERATURE REVIEW………………………………………………………………….14 2.1 Concepts of Electoral Reform………………………………………………………………..14 2.2 Effective Election Management Body……………………………………………………….16 2.3 Legal framework……………………………………………………………………………..18 2.4 Election Crimes………………………………………………………………………………19 2.5.0 Biometrics………………………………………………………………………………….20 2.5.1 Significance of Biometrics in the Electoral Process…………………………...…………..21 2.6 Reporting Relationships………………………………………………………………...........22 2.7 Election Monitoring and Observation………………………………………………………..23 2.8 Voter Education………………………………………………………………………...........24

CHAPTER THREE…………………………………………………………………………….26 3.0 PROJECT METHODOLOGY…………………………………………………………….26

CHAPTER FOUR……………………………………………………………….......................28 4.0 ANALYSIS AND DISCUSSION…………………………………………….……….........28 4.1 Assessment of Past Electoral Reforms……………………………………….........................28

4.2 LEGAL FRAMEWORK…………………………………………………………………...30 4.2.1 Definition of a law…………………………………………………………........................30

4.3.0 TRAINING ELECTORAL OFFICIALS……………………………………………….35 4.3.1 Temporary Staff should ensure excellent results……………………………………..........35 4.3.2 Performance of Temporary Staff has achieved Electoral Commission’s objectives……...36 4.3.3 Performance of Temporary Staff in the 2012 General Election……………………...........37 4.3.4 Attribute questionable performances of Temporary Staff to Electoral Officers………......38 4.3.5 Impact of Training sessions in the electoral system……………....……………………….38

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4.4.0 BIOMETRIC VOTER REGISTRATION KITSAND BIOMETRIC VERIFICATION DEVICES……………………………………………39 4.4.1 Efficacy of Biometric Voter Registration Kits…………………………………….………39 4.4.2 Impact of Biometric Voter Registration Kits in the Electoral System…………………….40 4.4.3 Increased Budget to buy Biometric Voter Registration Kits…………………………........41 4.4.4 Efficacy of Biometric Verification Devices……………………………………………….41 4.4.5 Strengthening the Electronics Unit of Electoral Commission……………..........................424.4.6 Biometric Verification Devices performance affected 2012 General Elections…………..43 4.4.7 Biometric Verification Devices contributed to irregularities in 2012 General Elections…43 4.4.8 Impact assessment of Biometric Verification Devices in the Electoral System..................44 4.4.9 Further discussion…………………………………………………………………………45

4.5.0 REPORTING RELATIONSHIPS…………………………………………………….....46 4.5.1 Relationship between the Electoral Officers and Returning Officers………..…………….46 4.5.2 Relationship between Returning Officers and Presiding Officers………………………....47 4.5.3 Unsigned Pink Sheets as deliberate decisions by Presiding Officers……………………...48 4.5.4 Blamed Party Agents for having blind sight on Unsigned Pink Sheets…………………....49 4.5.5 Blamed Returning Officers for Non – Detection and Non – Action on Declaration of Results Sheets………………………………………...........................................................50 4.5.6 Blamed Electoral Officers for Unsigned Declaration of Results Sheets….…..……….......50

4.6.0 OTHER STRUCTURAL/LAW ELECTORAL REFORMS…….……..………...........51 4.6.1 Amend Presidential and Parliamentary Election Fees collection to augment Electoral

Commission’s financial base…………………………………………….………….......….51 4.6.2 Increase the Seven (7) Member Management to Ten (10)…..………………….……........53 4.6.3 Reduction of Voting Age to Sixteen (16)………………...……………...………………...54 4.6.4 Use of the Bureau of National Investigation and the Criminal Investigative Department of the Police Service to investigate electoral offences……...…...………........55 4.6.5 Advocacy for compulsory voting in public elections……………......…………………….56 4.6.6 Electronic (E) Voting is good for vote count with speed and better accuracy...........................58 4.6.7 Creation of a legal department at the Electoral Commission will ensure a legal framework… 59

4.7.0 STAFF MOTIVATION AND PERFORMANCE……………………………………....60 4.7.1 Administration of oath of service…………………………………………………..............60 4.7.2 Statement of allowances in the training manuals……………………………………..........61 4.7.3 E.C should institute a reward system for excellent performance of Temporary Staff……..624.7.4 On the basis of accountability, the supervisory role of the District Electoral Officer should be revisited……………………………………………….…………………….......62 4.7.5 Electoral Officer is well resourced to perform role and be independent of outside controls…………………………………....……………………………………….63 4.7.6 Permanent infrastructure in terms of offices and accommodation will improve electoral work in all districts…………………….……………………………………........64

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4.8.0 CIVIL SOCIETY ORGANIZATIONS AND IMAGE OF THE ELECTORAL COMMISSION – ELECTION OBSERVATION AND MONITORING……………...65

4.8.1 Exclusion of Media Personnel as Special Voters by Electoral Commission in the 2012 General Elections……………………………..…………………………………..…….......65 4.8.2 Exclusion of media personnel as Special Voters affected coverage of the 2012 2012 General Elections……………………………………...………………………….…..66 4.8.3 Election Results would have been more credible with media personnel as SpecialVoters…………………………………………………..............................………..66

4.8.4 Media Personnel should be included as Special Voters….….………..…………………....67

4.8.5.0 ELECTION OBSERVER GROUPS …………….……………………………………684.8.5.1 Assessment of Domestic Observer groups.........................................................................684.8.5.2 Assessment of International Observer groups....................................................................694.8.5.3 Type of Election Reports with more objectivity................................................................70

4.9.6.0 IMAGE OF THE ELECTORAL COMMISSION…………………………………...71 4.9.6.1 Monitors from the Head Office have 50% approval in the final selection of Trainees….71 4.9.6.2 Supreme Court ruling on the 2012 Presidential Election Petition……………………….72

4.9.6.3 Electoral Commission (E.C) has an image problem after 2012 General Elections..73 4.9.6.4 Measures that the E.C can do to regain its lost image…………………………………..74

CHAPTER FIVE…………………………………………………...…………………………..76 5.0 SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATION………....76 5.1.0 ACCEPTED ELECTORAL REFORMS BY RESPONDENTS………………………76 5.1.1 Bigger Fine/Longer Imprisonment………………………………………………………...76 5.1.2 Use the Bureau of National Investigation and the Criminal Investigation Department to investigate electoral offences……………...……………………………………………….77 5.1.3 Use of biometric verification devices……………………………………………………...77 5.1.4 Advocacy for compulsory voting in public elections……………………………………...77 5.1.5 Necessities and importance of publicized recruitment list………………………………...77 5.1.6 Administration of the oath of service……………………………………………………...77 5.1.7 Statement of allowances in the training manuals………………………………………….77 5.1.8 Electoral Commission should institute a reward system for excellent performance of Temporary Staff………………………………………………………………………..….78 5.1.9 On the basis of accountability, the supervisory role of the District Electoral Officer should be revisited…………………………………………………………………………78 5.2.0 Electoral Officer is well resourced to perform role and be independent of outside controls…………………………………...………………………………………..78 5.2.1 Permanent infrastructure in terms of offices and accommodation will improve electoral work in all districts……………………………………………….………………78 5.2.2 Amend Presidential and Parliamentary Election Fees collection to augment the Electoral Commission’s financial base………….…………………………………………78

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5.2.3 Media Personnel should be included as Special Voters……………………………………78 5.2.4 Supreme Court ruling on the 2012 Presidential Election Petition…………………………78 5.2.5 Creation of a legal department at the Electoral Commission will ensure a sound legal framework…………………………………………………………...…………….....78 5.2.6 Increase electoral education, publicity and monitoring policies……..…………………….79

5.3.0 REJECTED ELECTORAL REFORMS BY RESPONDENTS……………………….79 5.3.1 Increase Seven (7) Management Body to Ten (10)………………………………………..79 5.3.2 Reduction of Voting Age to 16…………………………………………………………….79 5.3.3 Monitors from the Head Office have 50% approval in the final selection of Trainees……79 5.3.4 Electronic Voting is good for vote count with speed and better accuracy…………………80

5.4.0 CONCLUSION…………………………………………………………………………....80

5.5.0 RECOMMENDATIONS…………………………………………………………………81 5.5.1 2013 Supreme Court Recommendations…………………………………………………..81 5.5.2 Proposed Recommendations……………………………………………………………….82 5.5.3 References………………………………………………………………………………….92

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CHAPTER ONE

1.0 INTRODUCTIONElectoral reforms are public desires and expectations to bring about changes and

improvement in the electoral system. Electoral system is therefore the institutions and structures that operate within the parameters of the political system that lead to the conduct of national elections where votes translate into seats and representation. Key variables centre on the electoral formulae such as plurality, majoritarian, proportional representation and mixed proportional representation (International IDEA:5).

Electoral reforms in Ghana are not a recent phenomenon but progressive over the years to address challenging areas in the electoral system. They occur alongside political reforms as a result of the friendly partnership between the electoral system and the political system. The symbiotic theory of electoral reforms attests to this assertion with much investigative work to be done to emphasize the connection between the two giants of democracy or refute on the basis of no significance connection in established and emerging democracies.

All countries of the world with governments and monarchies have varied electoral systems tied to their political system. The cold era supports this assertion when capitalist and communist socialist blocs were easily identified in Africa, Latin America and Asian counties. It was easy for countries to align themselves with either the United States of America and her allies or former Union of Soviet Socialist Republic and China and her allies for economic, financial and security support to build their own economies. This paradigm shift changed the political systems of African countries (Matlosa 2003 cited in Joseph, 2015).

The 1990’s saw an explosion of innovation and reforms in electoral systems, especially as the new democracies of Africa, Asia, Eastern Europe, Latin America and the former Soviet Union began actively reforming their political and electoral systems and looking for options and experiences from elsewhere (Karen Fogg, International IDEA).Ghana has an electoral system based on multiparty democracy (1992 constitution: Article 55) and a three tier structure of votes translation into seats through the electoral formulae of majoritarian for the presidency, first past the post for parliamentary and district assembly, and tally votes for the unit committee level.

Ghana has been practicing a hybrid system of governance where there is rich experience in governance between the presidential and parliamentary systems of democracy (Gyampo and Graham 2014 &1992 constitution, Article 78 (1). Besides, institutional structures within the political system have contributed immensely to the reform process of the electoral system. Institutions like the three arms of government of the executive, legislature and the judiciary have featured prominently in law making and judicial interpretations of constitutional provisions to emphasize or reshape policy direction.

They include major areas of the National Communications Authority Act 2006, Act 707 as a plus to the registration of voters, enactment of citizenship laws of Acts 527 and Act 591 to define and expand the net of citizens qualified to register as voters and representation. It includes also the 2006 Disability Act of 2006 (Act 715) with benefits to identifying special needs of people with disabilities in the citing of registration centres, exhibition centres and polling stations, mode of identification and verification either electronically or facially.

Other beneficial areas include also Political Parties Law 2000, Act 574 that ensures close working relationship in the registration and activities of political parties such as providing agents during registration of voters and conduct of elections (C.I. 12, C.I. 72 and C.I. 91, and C.I. 15, C.I. 75 and C.I. 94).

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The judicial system has been very instrumental in the interpretation of constitutional provisions and other electoral laws in both the political and electoral systems. The Supreme Court has made decisions on the Public Order Act 1994 (Act 491), the right of the voter in Article 42 with reference to the case Tehn Addy and the Electoral Commission in 1997, demarcation of electoral boundaries in 2003, registration of prisoners in 2010, rulings on the 2012 Presidential Election Petition by the N.P.P, and Abu Ramadan and Evans Nimako verses the Electoral Commission on the non – use of National Health Insurance Cards to register voters in 2016.

At the High Court level, Judges have made decisions on parliamentary election results from 1992 to 2012 to either quash election petitions or uphold them. 2008 and 2012 parliamentary elections recorded Twenty Three (23) and Eighteen (18) respectively. These court cases are pointers of election irregularities and fraudulent activities but adjudication provides an atmosphere of peace and order in the electoral system.

In line with judicial functions, district magistrates have certified provisional registers in the aftermath of exhibition exercises before they become final voters register for the conduct of public elections.

The year 2012 marked the strengthening of the judicial system in the institution of secretariats by the Chief Justice to quicken the adjudication of both civil and election suits. They are the Chief Justice secretariat and the Office of Chief Registrar General. These two secretariats are to receive complaints and file complaints and queries from the public on impending election petitions as pertained in the aftermath of the 2012 Presidential and Parliamentary elections.

The Inter Party Advisory Committee with membership of all registered Political Parties have collaborated and supported the Electoral Commission to institute electoral reforms since 1994 in

the 4th republic. The process of dialogue between the EC and the political parties paved the way for effective discussions and decisions of electoral issues from both sides (Ayee 1998:10). The EC through the IPAC then co-opted the parties into the process of election management from March 1994 (Ayee 1997: 10 cited in Gekye – Jandoh 2013). Besides, the contributions of Election Observer groups, Academia, Civil Society Organizations, religious organizations have shaped Ghana’s electoral system in law making, policy direction and innovations in the electoral process and successful conduct of Six Presidential and Parliamentary elections and six District Level elections in the country.

In October 2015, the Electoral Commission met with Political Parties at Alisa hotel to hear and collate presentations on the level of credibility of the voters’ register. This was under the coordination of a five member committee of imminent persons of His Lordship Professor V.C.R.A.C. Crabbe; Most Reverend Professor Emmanuel Asante; Dr. Grace Bediako, Dr. Nii Narku Quaynor; and Maulvi Bin Salih. This culminated into formulation of various reform proposals by the Electoral Commission, political parties, civil society organizations and academicians specified in the public elections (registration of voters) regulations 2016, C.I.91 and Public Elections Regulations 2016, C.I.94.

The recurrence of election violence and low impact of electoral reforms tend to push Ghana into a brink of an all-out election violence in each election year (Friedrich Ebert Stiftung: 35). The good perception of the international community about Ghana being the bastion of democracy seems to be jeopardized by the level of violence and tension. This characterization of Ghana’s elections is a measure of the frailty or fragility of the incipient democracy and its institutions (Van Rompuy, 2010; Ayelazuno, 2010 cited in Friedrich Ebert Stiftung)

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This research study centres on reforms in Ghana’s electoral system, impact, challenges, findings, conclusions and recommendations for policy formulation and direction and administration of best practices for the present and future within the context of the country’s Electoral Commission, political system and international best practices.

1.1.0 Electoral Reforms Undertaken by the Electoral Commission1991(a) District Elections Committees were abolished and replaced by District Returning Officers and

Deputies at the constituency level.1995(a) A total number of eighty thousand (80,000) Party Agents observed the registration process in

20,000 Registration Centres.(b) District Registration Review Committee (DRRC) made up of representatives of the active

political parties. The Secretary to the District Registration Review Committee was the District Electoral Officer and the Commission provided that the District Education Officer, the District Police Officer and a representative of the traditional authority in the district should also be members. The Commission further provided that the Supervising High Court Judge of each region should be the Chief Registration Review Officer for the region and should determine the appeal of a voter aggrieved by the decision of the District Registration Review Committee.

(c) Photo Voters Identity Cards bearing the name, age, sex and a unique number to all eligible voters were issued. However, due to lack of sufficient funds, only voters in the ten (10) regional capitals and ten (10) selected rural constituencies, comprising about one – third of the voter population, received photo identity cards unlike the remaining Voters with no Photo Voter I.D. Cards but ordinary Voter thumb-printed cards. However, for the 2000 elections, the Commission provided photo identity cards to all registered voters in the country. 1996

(a) Use of cardboard voting screens where both ballot thumbprint and voting was in public view for the first time.

(b) Transparent ballot boxes were introduced with donor support to forestall allegations and suspicions.

(c) General Elections marked the conduct of both Presidential and Parliamentary Elections on the

same day unlike the 1992 Presidential Election on 3rd November and Parliamentary Election on

29th December within the period of almost Two (2) months. 2000(a) The EC introduced balloting for positions on the ballot paper. Other achievements include:(b) Development of a code of ethics for political parties signed and endorsed by Representatives

of Political Parties on 9th May, 2000. This was to regulate inter – party relationships and the behaviour of the parties during political contests.(c) Formation of a Media Watch Committee by the Electoral Commission to monitor the reporting of all issues that touch on Elections and the Commission(d) Use of Technology – The introduction of optical mark readers (OMR) into the voter registration system in connection with data capturing improved the 1995 voter registration exercise significantly.

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(e) The Commission has a local area network and wider area network for internal and external communication using the V – SAT to link the regional and district offices and to the head office. 2004(a) Introduction of tactile ballot papers to enable secret balloting by visually impaired Voters in

some selected regions and now implemented in Public Elections on a full scale. 2006(a) The amendment of PNDCL 284 in 2006 broadened the scope of Representation of the People

to constitute ACT 699 (ROPAL) to include also the registration of all Ghanaians living abroad besides Ghanaians as Embassy Staff, United Nations staff and students on government scholarships. It placed emphasis on fulfilling all requirements for registration prescribed by law other than those relating to residence in an electoral area.

2008(a) Insertion of the fifth finger into the Indelible ink bottle as a check against multiple voting (b) Dual role of Table stand Voting Screen for easy fix and position(c) Carbonated Statement of Poll Booklets with the benefit of quick duplication of results, Curvature Ballot papers designed for good thumb printing, easy folding and placement into the ballot box, Introduction of security like election jackets with identifying roles for election officials.2010

(a) Introduction of prisoners’ registration and voting as a result of the Supreme Court landmark decision that revoked Section 7 (5) of Representation of the Peoples Law 284 that placed emphasis on residency requirement.

(b) Act 801 amended some portions of Act 473, District Assembly Act to include liberalization of Platform mounting and organizational support in cash or kind through the Electoral Commission. Besides, L.I. 1983 created 1,306 electoral areas to increase the number to 6,156. Also C.I. 68 replaced C.I. 18 to elect Five (5) Candidates instead of Ten (10). L.I. 1967 reduced the number of units from the 15,000 range to be coterminous with number of electoral areas. 2012

(a) The implementation of the Local Government Act 1993 (Act 462) to create 46 new districts with a total of administrative 278 districts.

(b) The demarcation of Forty – Five (45) additional electoral boundaries across the Ten (10) regions – Article 47 of the 1992 constitution; C.I 78

(c) Biometric Voter registration within a forty (40) day period and voting with verification by the usage of Biometric Verification Machines (C. I. 72 and C.I. 75)

(d) Transfers processing before 42 days to nomination day and election day for Candidates and Voters

(e) Proxy and Special voting processing before 42 days to election day for voters(f) The introduction of the Voter Management System (VMS) with online emphasis with regards to

Exhibition data(a) Continuous registration (b) corrections (c) inclusions (d) objections (e) Voter I.D. Card

replacement (f) Voter transfer2014(a) District Electoral Areas and Designation of Units Instrument, 2014 (C.I 85) 2015Supreme Court Recommendations implemented

(a) Increased the number of training days of Presiding Officers training to three days

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(b) Broadened the scope of education and publicity(c) Introduced District Level Elections Regulations, 2015 (C.I.89)

2016(a) Introduction of the Public Elections (Registration of Voters) Regulations 2016, (C.I. 91) (b) Introduction of the Public Elections Regulations 2016, (C.I. 94)(c) Introduction of the Representation of the People (Parliamentary Constituencies) Instrument,

2016 (C.I.95)(d) Procurement of durable plastic voting screens

1.1.1 Constitutional Functions of Ghana's Electoral CommissionConstitutional functions of the Electoral Commission are clearly defined in Article 45 and Article 46 of the 1992 Constitution as the sole Election Management Body to supervise the conduct of public elections in the country. The eight core functions of the Electoral Commission are clearly specified in Article 45 of the 1992 constitution and the Electoral Commission Act 1993; Act 451 and the Electoral Commission (Amendment) Act, 2003 section 2(d) and section 12 (C). It includes statutory functions of conducting elections for organizations like the Ghana Medical and Dental Council and regional representatives of the Council of State.

1. To compile the register of voters and revise it at such period as may be determined by law 2. To demarcate the electoral boundaries of both national and local government elections3. To conduct and supervise all public elections and referenda4. To educate the people on the electoral process and its purpose5. To undertake programs for the expansion of the registration of voters 6. To perform such other functions as may be prescribed by law7. To ensure proper storage of election materials8. Keep proper books of accounts and the necessary records to be audited annually by the Auditor

General9. To undertake the preparation of voter I.D. Cards 10. The issue of voter Identity Cards

1.1.2 Features of Ghana’s Electoral System • Non – compulsory registration and voting• Periodic registration of voters• Continuous registration • Registration of voters at age 18• Exhibition of the provisional registers • Permits candidature of political parties and independent candidates• Candidates have access to observe the registration and exhibition centres, and polling stations • Universal Adult Suffrage based on the principle of one man one vote in elections• Formation of Adjudication Committee and appointment of District Magistrates and lawyers of

three years standing• Conduct of Presidential and Parliamentary elections on the same day

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• Secret balloting Manual verification alongside electronic verification

Count of votes and announcement of Polling Station results Declaration of Presidential and Parliamentary elections results by the Chairperson and Returning

Officers at collation centres respectively Allows for a four (4) year term in office of all the four (4) types of national elections;

Presidential, Parliamentary, District Assembly and Unit Committee Elections with an interval of two years between the General Elections and the District Level Elections.

Election formulae involves the majoritarian system that is applicable to the Presidential election where Article 49 of the 1992 constitution specifies 50% of Total Valid Votes + 1 to emerge the President elect for a four (4) year term.

Besides, the first past the post formula also known as simple majority is applicable to the Parliamentary election where the Candidate with the highest number of votes is declared elected.

The election formula for the District Assembly Election is just like the simple majority used in the Parliamentary election. However, the Tally system is also used in the Unit Committee Election (U.C.E) where the Five (5) Candidates with the highest number of votes are elected to serve as Unit Committee Members.

Representation levels are constituency, electoral areas and units Election petitions must be done within 21 days after results declared

1.1.3 Issues of 2012 Presidential Election PetitionIn accordance with Article 64 (1) of the 1992 Constitution, the N.P.P Petitioners challenged

the validity of the President elected in the 2012 Presidential Election Result dispute.The following Eight (8) areas were critically argued by the parties and eventually

adjudicated by the Supreme Court Judges (Final Document of Supreme Court Ruling, 2013) Over voting Voting without biometric verification recorded 535,723 Voters upon examination Absence of the signature of a presiding officer recorded 1,039 polling stations with the total votes of

705,305. Controversy over Registered Voters of 14,301,680 given to Political Parties and 14,158,890

Registered Voters used to declare the 2012 Presidential election result Duplicate serial numbers were recorded for 9,921 Polling Stations to equal 3,924,824 votes i.e.

occurrence of the same serial number on pink sheets for two different polling stations Duplicate polling station codes, i.e. occurrence of different results/pink sheets for polling stations with

the same polling station codes Voting took place at 23 “ghost” Polling Stations

In accordance with article 64 (2) of the 1992 Constitution, the Supreme Court ruled to reject the presidential election challenged and thus upheld the 2012 Presidential Election Results. The Supreme Court did not rule unanimously on the Presidential election petition as indicated by the 5:4 majority decision. Election issues argued had the potential to mar election results and degenerate to violence in the country. The clarion call for electoral reforms by Supreme Court Judges, politicians, media and the general public to avert the recurrence of irregularities and challenges recorded in the 2012 General elections asserts the significance of this study to provide plausible solutions.

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The impact of electoral reforms from 1992 to 2016 has been progressive and expensive and this makes recurring electoral challenges and problems questions the quality of training and voter education, implementation and laws to punish offenders to ensure sanity in the electoral system. The 2012 Presidential election petition stretched for Eight (8) months into August 2013 to show the enormity of the issues argued by the political parties’ lawyers and the Supreme Court Judges.

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1.1.4 Trend of Historical, Political and Electoral ReformsReferences to this information are from the political history of Ghana in Wikipaedia, Daily Graphic and Ocquaye, Politics in Ghana: 1972 – 1979, African Elections database and other political writings.

The British colonial government introduced limited electoral reforms in the 19th century and

increased it in the 20th century through the power of appointments from 1854 through to 1916 and 1925. A sign of political hope for Africans achieved its purpose of inclusion in 1884 when John Mensah Sarbah was appointed to the legislative council. The politics of electoral reforms changed dimensions when the 1925 Guggisberg constitution introduced the first legislative elections.

The 1946 Burns constitution increased the number of elected representatives and in 1951 recorded the first African unofficial member, Sir Emmanuel Quist and elected speaker of the Legislative Assembly under the 1951 constitution. From that era, the involvement of Africans in the legislative assembly and executive positions in government translated into other electoral reforms as shown by the 1954 constitution, the 1957 independence constitution and the 1960 republican constitution.

These colonial reforms and the 1957 constitution were tailored to the Westminster model of parliamentary democracy with executive positions of the Monarch and Prime minister. This recurred in the 1969 constitution in the second republic where there were executive positions of President and Prime minister. However the, 1979 constitution was tailored alongside the lines of the U.S presidency in nature with strict separation of the President, Vice President and ministers of state. Ministers of state were appointed outside parliament unlike the hybrid political system of the 1992 constitution (Article 78 (1). Specific political and electoral events are

1850 – The British colonial government first exercised legislative power in Ghana (then called the Gold Coast) The Legislative Council advised the colonial governor in enacting laws and drawing up the budget for the Gold Coast colony. The governor, however, retained all legislative and executive powers. The Legislative Council was purely an advisory body and the governor was not bound to follow the council's advice, even if reached unanimously. Members of the Legislative Council were not elected but nominated by the governor.

1886 – 1874: The Gold Coast was reunited with West African settlements. In 1884 the Gold Coast was again given a separate government with limited powers.

1888 – John Mensah Sarbah was nominated to the legislative council. 1916 –The Legislative Council was reconstituted to include nine nominated 'unofficials', six

of whom were Africans, against eleven officials and the governor. 1925 – The first Legislative elections took place under the 1925 Guggisberg Constitution.

Under that constitution, six of the 14 unofficial members were elected by the Provincial Council of Chiefs, rate payers of Accra; Cape Coast and Sekondi also elected three members and five were nominated European officials.

The government was enlarged for the first time in the British colony to include 15 officials and the governor who had to vote in accordance with government policy. The government could force through the council any measure by its majority. Initiative rested with the governor.

The significance of the Guggisberg Constitution is that it introduced the elective principle for the first time in the Gold Coast.

The 1946 Burns Constitution replaced the Guggisberg Constitution.

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The Burns Constitution increased the number of elected representatives who formed majority in the Legislative Council. The governor ceased to be the ex-official President of the council in 1949, while the first African unofficial member, Emmanuel Quist (later Sir Emmanuel), was appointed President.

The 1946 Constitution was thought to be the most advanced constitution in tropical Africa. Still, the governor retained the powers of veto. He could refuse to give his assent to any bill by the unofficial majority.

Sir Emmanuel Quist, the first unofficial African member, was elected Speaker of the Legislative Assembly under the 1951 Constitution.

Under the same constitution, the first election involving political parties to a Legislative Assembly took place and 75 members were elected.

There were also nine appointed members, three of whom were ex-officio, with six representing mining and commercial interests.

The Convention People's Party (CPP) won the majority of seats and Dr. Kwame Nkrumah was appointed leader of government business. The CPP again won majority of seats in the 1954 and 1956 elections.

The 1954 transitional Constitution provided for an assembly of a Speaker and 104 members elected along party lines on the basis of universal adult suffrage.

The 1956 British Togoland Plebiscite that incorporated modern day Volta land and people. 1957 – Ghana attained independence from the British. 1957 – 1960 National Assembly The 1957 Independence Constitution was fashioned after the Westminster model (Prime

Minister as Head of Government, with the Queen of England as Head of State). Under the Transitional Provisions of the 1957 Order in Council (Constitution), the members

and the Speaker of the National Assembly of 1956 were deemed duly elected. The independence Parliament comprised the Queen and the National Assembly. Six parties

were represented namely: Convention People's Party, Northern People's Party National Liberation Movement, Togoland Congress Party Federation of Youth Organization, Moslem Association Party and an Independent Member.

Republican Era On July 1, 1960, Ghana became a Republic under the Independent Constitution of 1957 with a five-year term.

Era of one-party state – In February 1964, the Republican Constitution was amended making the CPP the National Party. The National Assembly was therefore dissolved in 1965 making Ghana a one-party state.

In the ensuing elections, the 198 candidates were returned unopposed. 1969 – 1972: Parliamentary democracy was restored when the ruling junta handed over power to

another constitutionally elected government in 1969. 1969: Independent Electoral Commission that replaced the minister of local government

appointment of election staff and conduct of public elections. A National Assembly was constituted consisting of 140 members elected on the basis of

universal adult suffrage. Under the 1969 Constitution, the prime minister and his ministers were Members of

Parliament. 1979 – 1981: The Second Republican Government was also overthrown in a coup d'etat on

January 13, 1972, after only 27 months in office. Since then Parliament was in abeyance until September 24, 1979 when parliamentary democracy was again restored.

Under the 1979 Constitution, the President, Vice-President and Ministers of State were not Members of Parliament.

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1.2 Research ProblemThe electoral system has been marred by electoral irregularities, malpractices and offenses

over the years. The recurrence of electoral irregularities and malpractices have not decreased but increased even with the implementation of electoral reforms. Biometric technology was meant to improve voter registration and exhibition, and election conduct through unique identification of voters in the electoral process.

However this major reform recorded lapses in the electoral cycle that culminated in the election conduct and resulted in the highly disputed 2012 presidential election result that stretched for eight months before the Supreme Court made a decision in August 2013. Both human and machine errors were recorded to taint the credibility of the General Elections. Trained personnel in the electoral process and biometric voter registration kits and biometric verification devices recorded lapses that had serious effects to necessitate the assessment of past electoral reforms and proposal for new electoral reforms. The presence of both local and international observation groups and the media in the national elections did not prevent recurrence of these electoral challenges and problems. This shows the urgency of the research problem, identify the cause and effects areas and provide plausible solutions.

It is also important to note that the knowledge base of Respondents contributed greatly to decisions and therefore findings of the study with most of them being election administrators. Besides, some of the Respondents were students, and people in the private sector with limited knowledge.

Research works in electoral reforms are known in more established democracies than emerging and new democracies. This is attributed to long period of both political and electoral

reforms like the United States of America from the independence era to the 21st century. This includes also blacks and women’s rights to vote in national elections.

Besides, emerging and new democracies in Africa and latin America have latest literatures

that date to the 20th and 21st Centuries. The partition of Africa in 1844, colonization of the African continent over a long period of time and political instability after independence are some of the major reasons for little literature information on electoral reforms other than political history. With increasing political stability over the years, the consolidation of democracy opens the door for the initiation and implementation of research works to establish the impact and trend of electoral reforms.

1.3 Research Questions What has been the trend of electoral reforms in Ghana’s elections? What major reforms have been implemented in the fourth Republic? To what extent has these reforms streamlined free and fair elections? What recommendations can help improve on existing reforms?

1.4 Research ObjectivesThe general objective of the project work is to analyze the impact of reforms on problems of

the electoral system with a view to proposing new reforms.Critical look shows specific objectives in these four areas.

(1) To conduct a historical review of post Fourth Republic electoral reforms (2) To identify major electoral reforms in the Fourth Republic(3) To assess the efficacy of electoral reforms to ensuring free and fair elections (4) To make relevant recommendations to addressing the identified challenges

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The analysis and conclusions of Respondents findings resulted in proposals for the correction of electoral malpractices especially with the outcome of the 2012 General elections, avert a recurrence of serious problems in future elections and improve the electoral system within the democratic setting of the country. Besides, these findings and trend of electoral events have resulted in important proposals for future considerations when the expansion of the electoral systems, with attendant variables, such as population, electorate, funding, and donor support are stretched to the limit.

Critically, findings measured the effectiveness of the legal framework in the conduct of elections, efficacy of Biometric Voter Registration Kits and Biometric Verification Devices, training of election officials, reporting relationships, other peripheral areas on elections and the urgent need for new electoral reforms to solve recurring problems in the electoral system.

1.5 Theoretical Framework

PRINCIPLES

The political system is bigger than the electoral system. The electoral system is a subset or microcosm of the political system. The political system determines the scope of the electoral system. Political reforms precede electoral reforms. Impact of electoral reforms is minimal without political reforms. Democratic electoral system results in plausible electoral reforms. Progressive electoral reforms are recorded in democratic electoral systems. Societal dynamics, population growth and high funding of elections are inevitable but can be

put to check by prudent electoral reforms. Laws, rules and regulations, process and procedures are the pillars of both political and

electoral reforms. The expansion of the electoral system relies on its flexibility to introduce innovations and

applicable laws. Old democracies have well established political systems that promote the electoral system to

meet the needs of the voting public.

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Recent democracies from civil wars and abuse of human rights tend to focus on reshaping and consolidating the political system (peace and security) before reforming the electoral system.

The machinery of the electoral system is the conveyor belt that carries electoral reforms to ensure the conduct of free and fair elections.

Voter population increases is the catalyst for increasing polling stations and funding of elections especially in young democracies like Africa.

The political and electoral environments have political actors and civil actors who demand reforms to improve the political system and electoral system respectively.

This model gives credence to the description of the political system which influences and shapes the Election Management Body and Stakeholders play in the making of decisions and electoral reforms (IDEA 2006:296).

The Symbiotic electoral reform model explains the close relationship between activities in the political system and the electoral system. The inter dependency level is high and crucial to achieve a stable and balanced society. Observations and electoral activities show that the independent role of either of them will result in serious deficiencies that have the potential to weaken the principles of democracy. The model places emphasis on electoral reforms in democracies that derive strong partnership from the political system in political reforms. The legal frameworks of Election Management Bodies are aided mainly by the constitutions of countries, laws, rules and regulations. It means that political reforms are catalyst to electoral reforms.

It is only when the electoral system has the support of the political system that its expansion can be enhanced by the introduction of innovations and applicable laws. The machinery of the electoral system is the supply chain that carries electoral reforms to ensure the conduct of free and fair elections.

Democratic electoral system results in plausible electoral reforms. Progressive electoral reforms are recorded in democratic electoral systems. Societal dynamics, population growth and high funding of elections are inevitable but can be put to check by prudent electoral reforms. Institutions, laws, rules and regulations, process and procedures are the pillars of both political and electoral reforms.

The political and electoral environments have political actors and civil actors who demand reforms to improve the political system and electoral system respectively. It is a big team of players whose ideas, knowledge and experiences are shared and brought to bear on the reform areas. It is very transparent with old democracies. They have well established political systems that promote the electoral system to meet the needs of the voting public. On the other hand, recent democracies from civil wars and abuse of human rights tend to focus on reshaping and consolidating the political system (peace and security) before reforming the electoral system.

This model embraces all the discussed models to reveal their benefits in the political and electoral system. It revolves around the functions of the Election Management Bodies and Stakeholders involvement in both the political and electoral systems. The interplay of the political system and electoral system is the springboard of political and electoral reforms respectively.

When a country’s political system inhibits and suppresses democratic principles, it prevents and stifles innovations and progress of the electoral system. The weaknesses of some electoral systems to produce effective electoral reforms have revealed the importance of the needed symbiotic relationship between the political system and the electoral system.

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1.6 Scope of StudyThe scope of work is well defined to be within the context of Ghana’s electoral system. It

provides historical records of electoral and political reforms in the literature review to show past work by scholars. It identifies recurring weaknesses in Ghana’s electoral system and the provision of electoral reforms to strengthen the Electoral Commission and the electoral process. Information gathering is also centred on both primary and secondary sources; research studies and books, report writings, Supreme Court Texts and judgment on 2012 Presidential Election dispute, journals and newspapers on electoral reforms. Besides, some comparative readings and analysis were done to show both strengths and weaknesses that require urgent attention and action in the spirit and letter of electoral reforms.

The questionnaire design encompasses five (5) main areas that specify the legal framework of the electoral system, training electoral officials, Biometric Voter registration Kits (BVRK) and Biometric Verification Devices (BVR), Reporting Relationships and other electoral reform areas.

Besides the questionnaire design, project objectives and recommendations fit into the vision and mission of Ghana’s Electoral Commission in line with constitutional functions as a contribution to free and fair elections with mutual satisfaction by all Stakeholders.

The set goals of Ghana’s electoral commission in the electoral system are tied to its vision and mission with relationship with all Stakeholders.This research work is also based on the impact of electoral reforms from 1995to 2016 since the institution of the Inter Party Advisory Committee in 1994. It is based also on historical perspective from 1925 to 1979. Much data collection in terms of challenges of the electoral systems, impact of electoral reforms, and responses of the electorate and the public are related to

the 4th republican constitution and the 2012 Presidential and Parliamentary election results and specifically the 2012 Presidential Election Petition. It involves both primary and secondary data to enrich the study area for findings, analysis and discussions, and recommendations for improvements in the electoral system. Data collection was facilitated by five paged questionnaires that were detailed to produce vital information on the policy direction of electoral reforms.

Since the subject of electoral reforms is a broad area to study with emerging electoral challenges, not all plausible areas have been exhausted. However, relevant reform areas that are of interest to stakeholders and needs urgent attention and solutions in a timely manner have been highlighted before the conduct of the 2016 General Elections and subsequent public elections. The study shows four major areas of study and minor areas to reflect a broader perspective of electoral reforms with connection to political reforms in democratic settings. This has also been highlighted on the proposed theory of the symbiotic electoral reforms that has impacted greatly

from the colonial era to the 4th republic also postulated by IDEA.

1.7 LimitationsThis study has limitation of survey instruments where not all respondents were familiar with

the electoral laws and limited knowledge contributed to no or little information provision to some relevant portions to equal category of knowledgeable respondents with rich information provision. Information enrichment excludes detail investigation of various studies on electoral representations like proportional representation, mixed method representation, and also logistical arrangements of electoral and election materials.

Exploration of the symbiotic electoral system model needs to be undertaken by researchers to logically and verifiable prove this relationship as postulated for effective electoral reforms in Ghana and other countries.

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The questionnaire is too lengthy but rich in information for analytical thinking, ideas and processing of data into relevant information. It explains why some questionnaires took a long time to be filled by respondents. Also the sensitivity of information made some respondents reluctant to disclose vital information for personal reasons and made collection of filled questionnaires difficult and challenging.

1.8 Organization of ChaptersThe Project work involves Five (5) Chapters as Table of Contents and spans across the core

chapters of Introduction, Literature Review, Methodology, Analysis and Discussion, and Conclusions, Summary of Findings, Conclusion and Recommendations.The generality of the Chapters provides both old and new literature information on Ghana’s electoral system with emphasis on the work of the Electoral Commission and the urgency of electoral reforms to enhance the electoral environment and improve the electoral system with mutual benefits of all Stakeholders.

It reveals also the distinction between independent and dependent variables where measurable outcomes correspond to the topical area. Various intervening variables link both the independent and dependent variables to provide better insight, understanding and bearing of the measurable outcomes after findings to achieve desirable conclusions.

It includes moderator variables of age, sex, educational qualification and professionalism to ensure accurate measurable outcomes to reflect the research topic and areas.Control and extraneous variables have been organized in such a way not to cause biases in the

interpretation of findings in this study. This is meant to ensure that results would be accurate and reflect the findings of this study and project objectives.

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CHAPTER TWO

2.0 LITERATURE REVIEW

This chapter shows scholarly works that have strong assertions that electoral reforms are inevitable in every democratic setting to achieve effectiveness in the electoral mandate and efficient results in election delivery. The following areas have been highlighted: concepts of electoral reforms, Symbiotic electoral reform model, historical political and electoral reforms, legal framework, biometric technology, training of electoral officials, reporting relationships, impact of electoral reforms and electoral reforms in perspective.

2.1 Concepts of Electoral ReformsElectoral reforms have a broader meaning due to the nature of elections and its resultant

challenges and problems over the years. Several attempts have been made to give precise definitions to reflect the trend of electoral reforms in electoral systems. Electoral reform is a “wholesale replacement of the electoral formulae of national electoral systems” (Lijphart, 1994: 51 cited in Kristof Jacobs 2011)). This is an indication that reforms in the election process will be detailed and occurs in areas such as the formula for sharing seats and other forms of voting calculations (Debrah, 2015:2). Lijphart makes a distinction between major and minor electoral reforms. For him, a major change involves the electoral formula or any change of at least 20% of district magnitude, legal threshold or assembly size. Minor change, then, involves changes in marginal areas in the electoral system. However, other scholars like (Katz, 2007:308) make no distinction between major and minor electoral reforms because there is no strict dividing line. This has also been emphasized by (Celis et al., 2011) that any change in the electoral rules that results in alteration of the electoral system connotes electoral reform. It is about change, result and impact; not perception and distinction. IDEA, 2006: 295 responded to the broadened scope of electoral reforms to define it as the improvement of the responsiveness of an electoral process to the desires and expectations of the electorate. It is reform when the change is intended to foster and enhance impartiality, inclusiveness, transparency, integrity, or accuracy of the electoral process. Over the years, the paradigm shift from Lijphart model as change in the proportionality of an electoral system became evident because of various dimensions of resultant issues from election conduct in some democracies across the globe. Three interrelated areas were identified and expounded by IDEA, 2006: 295 – 296 to reflect new dimensions of electoral reforms in the system. They included the areas of legal, administrative processes and environmental changes with emphasis on political changes. Changes occur in the legal framework that guide the conduct of elections and involves, the constitution, electoral laws in the electoral process such as demarcation, registration, exhibition and election, and other regulatory instruments. This has been emphasized by Jacobs and Leyeneer (2011: 41) that “a change in the legislation on the electoral processes is an electoral reform.” Concerning administrative processes, it involves new mechanisms and technical innovations to build the capacity of the election management body. For environmental changes, it reveals a state of political will to enhance the operation of the electoral system where the political system promote the electoral system to result in needed electoral reforms in the conduct of free and fair elections. Recent developments in the electoral system point to the acceptance of Commissions reports, local and international observer reports that serves as a guide to the making of electoral reforms in democracies. These election reports have guided policy makers like leadership of

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election management bodies and the three arms of government; the legislature, executive and interpretation by the judiciary.

Theory proponents of electoral reforms include the Behaviorist or Rational Choice, Institutional or Sociological Approaches, and adoption of best internationally election practices (cited in Kristof Jacobs 2011). These theories explain the nature of elections conduct with observed challenges and problems over the years that necessitated several electoral reforms. The first theory associated with electoral reforms constituted the Behaviorist or Rational Choice that places emphasis on the elite politicians to effect changes in the political system because of direct involvement, perceived interests and benefits. They centre on the three key principles of optimization, outcome contingent motivation and information seeking (Benoit, 2004:374; Shugart, 2008; Katz, 2007 and Renwick, 2010 (cited in Kristof Jacobs 2011)). Reforms are therefore calculated to benefit the politicians with high stakes in the election process and winning more seats. This explains why politicians spend more time to gather information about the consequences of reforms and options available to enhance their prospect of winning elections (Hindmoor, 2006:190 – 192 cited in Kristof Jacobs 2011)).

The second theory is the Institutional or Administrative approaches that explain the necessity of electoral reforms. It reveals the interrelationship between institutions and their societal roots (Lijphart, 1994 cited in Kristof Jacobs 2011). Proponents argue that institutions are relatively stable in terms of function and it takes extreme exogenous shocks to shift the institutional equilibrium. Shugart 2008 therefore explains that the dysfunction of institutional machinery and production of adverse effects is the catalyst for reforms. Once there are interferences like vote buying and nepotism that result in system changes, then it reveals institutional malfunctions and possible breakdowns to necessitate electoral reforms (Katz, 2007). Advocates of this model conclude that electoral reforms occur as a result of perceived imbalance in the established arrangement for conducting elections. IDEA (2006:296) reiterated this point to explain that reforms to an electoral process may be triggered by the failure to deliver acceptable elections or by conflict resulting from disputed elections and or by recognized changing dynamics related to population growth and increased economic activities. This is contrary to the advocates of the Rational Choice theory of high level political involvement in reforms that are mainly politically oriented and motivated.

The inputs of the Rational Choice and Institutional oriented theories seemed to have been merged by advocacy for the adoption of best internationally practices in the electoral system. Proponents believe that both major and minor electoral reforms can occur to improve the election conduct and have great impact in the electoral system. Electoral reforms of this magnitude have been perceived to be part of the general democratization process with a bigger impact in the electoral system (Bowler & Farrell, 2009). This takes its source from financial donors in well – established democracies to needy African countries as a condition to improve both political and electoral laws, rights and duties. It involves countries that have broken away from civil wars and have the political will to democratize their countries. This theory reveals also the study of Dalton & Gray (2003) where “diffusion agents” serve as a factor of promoting progressive electoral reforms. Reform knowledge and experiences have taken the form of important, relevant and strategic information sharing among Eighteen (18) African countries through the assistance of OECD and EU member states.

Contrary to the Behaviorist or Rational Choice theory is the new perception that electoral reforms are also being done as a result of unique events rather than political forces.

Other proponents of electoral reform theories tend to have a complimentary view of the whole reform process and areas due to the inter connectivity of processes and procedures that generally show improvement in the electoral system. There seem to be close association of

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political actors, civil actors and other stakeholders’ consultations and deliberations to arrive at changes in both the political and electoral systems. This is perceived more by sociological institutionalists because of greater cooperation between politicians and civil society in a conscious and deliberate manner (Blau, 2008:12). This new level of cooperation reveals that both voters and politicians will subject any electoral reform to cost benefit analysis before fully supporting it (Renwick, 2010; Dong – Yoon & Hwa, 2004).

The concept of electoral reforms though laudable is not an end in itself. Brilliant as any innovation may seem, it requires the desired technical expertise and the corresponding logistics necessary for the successful implementation of these reforms (Okrah, 2015:78).

2.2 Effective Election Management Body The importance and centrality of an impartial and trustworthy electoral body such as the

Electoral Commission is indispensable for Ghana’s democratization process (Ayee 1998:53 cited in Jandoh 2013). The strategic position of Election Management Bodies (EMB) in electoral systems has linkage to legal authority to manage electoral process and regulate it to ensure effective performance of duties and achieve efficient results. Voter education becomes an effective tool in the electoral system to involve all stakeholders in the successful implementation and support of electoral programs (1992 constitution: Article 45d). Increased number of civil society groups since the year 1996 show high levels of engagements and participation in the electoral process (Frempong:195). IPAC then has become a framework for building trust and confidence among the political class regarding the conduct of elections and provided a platform for deepening trust with the E.C (Ninsin 2006:64 cited in Jandoh 2013).

Electoral irregularities, malpractices and fraud have been on the ascendancy in the electoral cycle as evidenced in many disputed election results at the Supreme Court and the High courts even in countries with long histories of election conduct. When the electoral machinery fails in its duty of facilitation of free and fair elections, the repercussion is the destruction of the public’s faith in the whole concept of democratic governance (Smith 1960 cited in Gekye – Jandoh 2013:74 & 75).

The most important mechanism for managing distrust of the EC and among the various political parties was the innovative Inter-Party Advisory Committee (IPAC). The IPAC brought together representatives of the political parties to regular meetings with the EC to discuss and build consensus on electoral issues. The EC involved political parties in the decision making and round table discussions as a first step to electoral reforms from March 1994 (Ayee 1997: 10). In taking this step, the EC was responding to a recommendation of the Commonwealth Observer Group (COG) which monitored the 1992 elections. In its report, the COG had emphasized the practical value of dialogue and consultation as a building block towards democratic consolidation and recommended the need to institutionalize the process of dialogue, even informally, as a forum at which parties could air their grievances (COG 1992: 62-63, Ayee 1998:161).

Besides, associated challenges and problems demand electoral reforms to improve the work of the EMB and satisfy stakeholders like the public, political parties, electorate, voters, academia, government and civic society organizations. International IDEA on reforming electoral processes highlights seven steps that an EMB can propose and implement electoral reforms (IDEA 2006:298). They are:

1. Assigning responsibilities to specific members/staff for the development advocacy and implementation of electoral reforms

2. Implementing effective processes including post-electoral audits and evaluations for review of the electoral framework and the implementation of electoral processes

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3. Consulting with stakeholders to ascertain their views on required reforms and to enlist their support for the EMB’s reform programme

4. Making submissions to the government and the legislature on desired electoral reforms5. Publicizing desired electoral reforms through the media and use of stakeholder network6. Developing an electoral reform implementation strategy7. Evaluating the effects of electoral reforms.

It is also important to note that election observation have contributed immensely to the legitimization of election results in partnership with the work and monitoring policy of the Election Management Body (Electoral Commission, Ghana). Monitoring and evaluation help improve performance and achieve results. More precisely, the overall purpose of monitoring and evaluation is the measurement and assessment of performance in order to effectively manage the outcomes and outputs known as development results (UNDP Handbook: 5)

Both local and international observer groups have actively been involved in Ghana’s electoral processes such as the CODEO, Carter Centre, Commonwealth Secretariat, ECOWAS and the African Union. Over the years, numbers and deployment of observer groups show local observer groups to be more active than international observer groups. Available statistics show the strength of local observer groups in election years.

2000: More than 5,500 deployed 2004: More than 7,000 deployed 2008: More than 4,000 and more than 4,000 in the Presidential Run Off deployed 2012: Pre – Election Observation show 650 deployed to observe the Biometric Voter

Registration Exercise 2012: More than 4,000 deployed to observe the elections

This is a converse of the small numbers of international election observers usually deployed across the country between twenty (20) and thirty (30). The paradox of election observation is that while international election observation decreases in maturing and matured democracies like Ghana, local election observation shows intensification with the increased number of observer groups like the Coalition of Domestic Election Observers (CODEO). Its membership has increased from twenty two (22) in year 2000 to forty (40) member organizations in 2012 with election observers carefully selected from affiliated organizations and institutions in the country. It reveals the active participation of stakeholders in the electoral process that has contributed immensely to the electoral reforms being implemented in the electoral system.

This practice of establishing an independent Electoral Commission is regarded in many circles as an “important step in building traditions of independence and impartiality, and the confidence of the electorate and the parties’ alike (Goodwin – Gill 1994: 36).

Academic information points to the fact that compliance of the legal framework and electoral reforms are inevitable in the electoral system as emphasized by Aryee and Gyekye – Jandoh 2013. It reveals that Election Management Bodies deviate from the path of initial government control and strongly align to the principle and promotion of Independence as a requirement of a constitutional provision. Mission focus and pursuance can be fully achieved through an Independent Election Management Body.

Indeed a sound legal framework is a necessity to insulate the Election Management Body from outside interferences and controls (1992 constitution, Article 46). It must promote the principles of rule of law applicable to all Stakeholders in the electoral system and importantly the conduct of elections in a free and fair manner. As Goodwin – Gill 1994 noted, this is a good step to successful democratization and election outcomes when the major players and Stakeholder are

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actively involved in its implementation. Ghana’s electoral system has benefitted from electoral reforms regulated by sound legal framework with roots in Dicey’s rule of law (Abrefa – Gyan 2011).

Election management and implementation of electoral reforms are expensive and sometimes show a conflict between the electoral system and the political system.

2.3 Legal Framework Duverger’s study and writings on political parties since the year 1951 ties their existence to

the type of institutional arrangement in a country. His two propositions that the simple – majority single ballot system favours the two party system and proportional representation (PR) electoral systems were a driving force behind the multi – party systems have been a guiding line and source of reference to analyzing types of electoral systems in countries. They reflect the relationship between plurality electoral laws and two party systems known as the Duverger’s law. Ghana’s electoral system seems to be tailored closely to Duverger’s first proposition more than the second one as observed also in 2000 and 2008 Presidential election runoffs unlike South Africa Parliamentary elections that show the application of List Proportion Representation in seats allocation.

Ghana’s electoral system in the 4th republic has a sound legal framework that ensures the promotion of fundamental human rights and democratic principles within the democratic environment. Constitutional provisions in the electoral system are tied to the concept of the Rule of Law by Prof. Dicey: Introduction to the Study of the Law of the Constitution (1885) as asserted by Abrefa – Gyan (2011). His explanation shows that the political and electoral systems centre on the three (3) main areas of the Rule of Law concept. The implementation of the electoral laws since 1992 has seen improvements in:

Supremacy of the law where the implementation of the law is highly esteemed over arbitrary will or discretionary powers of the rulers and precise definition of the law with regards to issues and situations.

Equality before the law where all citizens are tried in the same courts in the adjudication of issues and same application of the law. However, the establishment of peoples’ courts and tribunals established during revolutionary eras tried people slightly different from the ordinary courts and system with some level of human rights abuse and curtailment of freedoms.

Constitution is the result of judicial decisions where the enjoyment of fundamental human rights and freedoms are enforced through judicial interpretations of the law. Strong executive powers over the legislature make it necessary for the courts to interpret the laws and enforce its decisions to promote fundamental human rights and freedoms of the people. Also this serves as a check against unconstitutional laws of strong organizations and institutions.

This aspect of Dicey’s concept reveals court cases to give proper interpretation of the electoral laws that relate to the rights and freedoms of people (1992 constitution). Supreme Court

ruling on 29th August 2013 to uphold the 2012 Presidential Election Results which declared President John Dramani Mahama elected to serve in the Four (4) year term were based on constitutional interpretations (1992 constitution: Article 66 (1) and Supreme Court ruling 2013).

It reveals further of the supremacy of the law when on 30th August 2014, the Supreme Court upheld the law suit of the National Youth Organizer of the Peoples National Congress and a

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private lawyer Kwasi Danso Acheampong against the Electoral Commission in the use of the National Health Insurance Card in voter registrations (1992 constitution: Article 42 and Supreme Court 2014).

The importance of the judicial system is its ability to adjudicate court cases by law in an impartial and fair manner. This is the case of Ghana’s example where the rules of court committee make rules and establish modalities for the practice and procedure for Presidential election petitions (1992 constitution: Article 64:3). The right to representation as a principle of fundamental human right has been promoted and resulted in the entrenchment of the rule of law and deepening of democracy in the country.

The rule of law promotes fundamental human rights and liberties and all countries like Ghana benefits from international conventions (1948 United Nation’s declaration of Human Rights). Since then regional bodies have adopted it to suit constitutional and legal framework (1953 European Convention on Human Rights). This has gone beyond political, electoral and civic laws to include the promotion of social, economic, educational, educational and cultural conditions of countries (1959 declaration of the Rule of Law in Delhi). Other regional bodies in the African continent have made inroads into the legal frameworks of African countries to promote democracy (ECOWAS and AU protocols).

Ghana’s constitutional provisions show emphasis on human rights and freedoms to promote political, electoral, civic, and electoral reforms (1992 constitution: Articles 12 – 33, 42, 43 – 54). The concept of electoral reforms emanating from the legal system of a country gives credence to constitutions, laws, rules and regulations that control the electoral system (IDEA 2006:295).

2.4 Election Crimes Election crimes are intentional acts or willful failures to act, prohibited by state or federal

law, that are designed to cause ineligible persons to participate in the election process; eligible persons to be excluded from the election process; ineligible votes to be cast in an election; eligible votes not to be cast or counted; or other interference with or invalidation of election results. Election crimes generally fall into one of four categories: acts of deception, acts of coercion, acts of damage or destruction, and failures or refusals to act (U.S Assistance Election Commission 2006:13).

Election crimes can be committed by voters, candidates, election officials, or any other members of the public who desire to criminally impact the result of an election. However, crimes that are based upon intentional or willful failure to act assume that a duty to act exists. Election officials have affirmative duties to act with regard to elections. By and large, other groups and individuals do not have such duties (U.S Assistance Election Commission 2006:13).

The victim of an election crime can be a voter, a group of voters, an election official, a candidate, or the public in general. Election crimes can occur during any stage of the election process, including but not limited to qualification of candidates; voter registration; campaigning; voting system preparation and programming; voting either early, absentee, or on election day; vote tabulation; recounts; and recalls (U.S Assistance Election Commission 2006:13).

The study was beyond the meanings and concepts of voter fraud and voter intimidation to include other election crime areas in a deeper dimension to influence policy direction in the prevention and prosecution of election offenders.

Election crimes in Ghana are commitment or omissions by an individual or group of persons that has the ability to influence the outcome of an election. The application of Ghana’s criminal codes to convict electoral offenders leads to court fines and imprisonments (Criminal Offences Act 1960, Act 29 as amended up to 2003, Courts Act 1993, Act 459 and Criminal Offences (Amendment) Act, 2012 Act 849). The systematic and widespread commitment and omission of

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electoral offences is attribution of a failed election with its attendant difficulties such as political and social upheavals (Friedrich – Ebert – Stiftung Ghana 2012: 5).

2.50 BiometricsResearch methods on biometrics show various concepts for understanding from 1858 –

2005. The term “Biometrics” is derived from the Greek words “bio” (life) and “metrics” (to measure) (Rood and Hornak, 2008). Automated biometric systems have only become available over the last few decades, due to the significant advances in the field of computer and image processing.

Research work has been extensive in the study and impact of biometrics in organizations, institutions and countries over the years. During 1858, the first recorded systematic capture of hand and finger images for identification purposes was used by Sir William Herschel, Civil Service of India, who recorded a handprint on the back of a contract for each worker to distinguish employees (Komarinski, 2004).

Sir Francis Galton, in 1892, developed a classification system for fingerprints using minutiae characteristics that is being used by researchers and educationalists even today. Sir Edward Henry, during 1896, paved way to the success of fingerprint recognition by using Galton's theory to identify prisoners by their fingerprint impressions. He devised a classification system that allowed thousands of fingerprints to be easily filed, searched and traced. He helped in the first establishment of fingerprint bureau in the same year and his method gained worldwide acceptance for identifying criminals (Scottish Criminal Record Office, 2002).

The next stage in fingerprint automation occurred at the end of 1994 with the Integrated Automated Fingerprint Identification System (IAFIS) competition. The competition identified and investigated three major challenges: (1) digital fingerprint acquisition(2) local ridge characteristic extraction and(3) ridge characteristic pattern matching (David et al, 2005).The first Automated Fingerprint Identification System (AFIS) was developed by Palm System in 1993.

The concept of using iris pattern for identification was first proposed by Ophthalmologist Frank Burch in 1936 (Iradian Technologies, 2003). The first automated signature recognition system was developed by North American Aviation during 1965 (Mauceri, 1965). This technique was later, in 1969, used by Federal Bureau of Investigation (FBI) in their investigations to reduce man hours invested in the analysis of signatures.The year 1970 introduced face recognition towards authentication. Goldstein et al. (1971) used 21 specific markers such as hair color, lip thickness to automate the recognition process. The main disadvantage of such a system was that all these features were manually identified and computed.

During the same period, Dr. Joseph Perkell produced the first behavioral components of speech to identify a person (Woodward et al, 2003). The first commercial hand geometry system was made available in 1974 for physical access control, time and attendance and personal identification. Drs. Leonard Flom and Aran Safir, in 1985, found out that no two irises are alike and their findings were awarded a patent during 1986. In the year 1988, the first semi-automated facial recognition system was deployed by Lakewood Division of Los Angeles County Sheriff's Department for identifying suspects (Angela, 2009). This was followed by several land marked contributions by Sirovich and Kirby (1989), Turk and Pentland (1991), Philipis et al. (2000) in the field of face recognition.

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During 1995, the iris biometric was officially released as a commercial authentication tool by Defense Nuclear Agency and Iris scan.The year 2000 envisaged the first face recognition vendor test (FRVT, 2000) sponsored by the US Government agencies and the same year paved way for the first research paper on the use of vascular patterns for recognition (Im et al, 2001). During 2003, ICAO (International civil Aviation Organization) adopted blueprints for the integration of biometric identification information into passports and other Machine Readable Travel Documents (MRTDs).

The first statewide automated palm print database was deployed by the US in 2004. The Face Recognition Grand Challenge (FRGC) began in the same year to improve the identification problem. It reveals that biometrics have undergone various stages of development within 156 years that spans from 1858 to 2014. The many research and experimental areas of hand, fingerprint, iris, body and signature have produced the best fingerprint identification and matching technology with many countries like Ghana being a beneficiary. Its momentum is gaining strength and widely acceptance to ensure accurate data and information and also prevent the canker of misinformation and impersonation.

Teddy Ko and co postulates that biometrics as the biological measurement of human psychological and behavioural characteristics can be used to make personal identification if only they have the following characteristics. They are universality, uniqueness, permanence and collectivity. Furthermore, he explains that other variables like performance, acceptability and circumvention can impact biometrics to show level of effectiveness and efficiency.

Again he expatiates on the usage of multi – modal biometrics with two or more biometric modalities in establishing the identity of a person. Ghana’s electoral system is also tailored along this assertion with both electronic and manual verifications (E.C 2016, C.I. 94:22 – 23).

Biometrics in Ghana is a recent phenomenon (E.C 2012, C.I. 75) and institutions and organizations like the National Identification Authority, Passport Office of the Ministry of Foreign Affairs and Regional Integration and Drivers, Vehicle Licensing Authority have used it in the registration and issuance of National Identity Cards, passports and driving licenses to holders.

The National Identification Authority Act 2006 (Act 707) was promulgated to facilitate the issuance of National Identity Cards. Besides, the National Identity Register Act 2008 (Act 750) gave authorization to the collection, processing and protection of personal and biometric data of Applicants. Issuance of biometric passports in Ghana began in March 2010 for a five (5) year period and is therefore in the second stage of issuance to passport holders and new passport receivers.

2.51 Significance of Biometrics in the Electoral ProcessFor Jim Wayman: 2001, it is important for the introduction of biometrics in the electoral

system to conform to objectives of the registration and election processes. Biometric technology in the electoral process serve a dual purpose of ensuring that only eligible voters are registered and only registered voters are allowed to vote in national elections. There serve the purpose of ensuring integrity using the technical process of biometrics to limit fraud. Trusted source documents such as passports and drivers licenses with biometric inclusions can facilitate the true identity of eligible voters and registered voters unlike source documents with biometric exclusions.

The prevention of multiple registrations and disqualified voters require that all eligible voters are taken through mandatory biometric processing. The distinction is therefore made between positive and negative identification where the former involves biometrics unlike the latter in registration and voting. This shows the significance of having biometric equipments at

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registration centres and polling centres, personnel and storage facilities to achieve results and sustainability of the process. A biometric measure is also required to have a standardized measurement of biometric data and information. The Author postulated that the significance of biometrics can only be changed when the methods employed have been proved to be insufficient or there is a general demand by voters for substitutions. This is a clear example of Ghana’s democracy where the electoral system has been altered by the new law; public elections regulations 2016, C.I.94:22&23 as a result of insufficient data recorded and the potency of Article 42 of the 1992 constitution.

Nonetheless, the author admits that biometrics is not the panacea to all challenges and problems associated with registration and voting but plays a significant role in achieving positive identification using biometric equipment and source documents with biometric inclusions.

2.6 Reporting Relationships Reporting relationships show the command structure, transparency and accountability in the

public and private sectors. Transparency is a ‘characteristic of governments, companies, organizations and individuals of being open in the clear disclosure of information rules, plans, processes and actions’ (Transparency International 2009: 44 cited in Rosemary McGee and John Gaventa 2010). This is applicable in the electoral process during recruitment, training and implementation of electoral activities in Ghana’s electoral system such as registration of voters, exhibition of the provisional registers and conduct of national elections (C.I. 91 and C.I. 94).

Clear processes and procedures and easy access to public information is a sign of good governance system and therefore ensures accountability for the performance of the individuals and organizations handling resources or holding public office’ (Suk Kim et al 2005: 649 cited in cited in Rosemary McGee and John Gaventa 2010).

There must be recruitment and training of skillful people to ensure effective transference of electoral information for the achievement of mission results (COG 2012: 31 – 32). This was the challenge of Ghana’s Electoral Commission with regards to unprofessionalism of trained election officials that resulted in questionability of the 2012 Statement of Polls and Declaration of Results Forms in the Presidential Election petition. It reveals also the ineffectiveness of some reporting relationships that resulted in the unsigned pink sheets and inaccurate election records. Besides, it points to general supervision of election teams by Officers in the districts. Election Officials have a great role to uphold the independence of the Election Management Body and integrity of the electoral process.

There is no responsibility without accountability; therefore accountability involves both answerability – the responsibility of duty-bearers to provide information and justification about their actions – and enforceability – the possibility of penalties or consequences for failing to answer accountability claims (Goetz & Jenkins 2005 cited in Rosemary McGee and John Gaventa 2010).

Accountability reflects only the weaker category, answerability. While citizen-led or public initiatives often involve ‘soft’ peer or reputational pressure, they rarely involve strong enforceability.

Other commonly held distinctions are between ‘vertical’ and ‘horizontal’ forms of accountability, the vertical referring to that between citizens and the state and the horizontal to internal checks and balances between various branches or organs of the state (O’Donnell 1998). Midway through the most recent wave of democratic transitions, in the late 1990s, recognition of the limited accountability generated by (vertical) electoral participation focused attention on new measures of horizontal accountability, involving oversight of state agencies by independent public agents or ombudsmen (Malena et al 2004). Concurrently, ‘participatory development’ was

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making headway – at least at a theoretical level – in international development discourse (Ackerman 2003), and interest growing in citizen led forms of accountability through which citizens exercise voice beyond the channels associated with elections. Goetz and Jenkins (2001) expand on horizontal and vertical notions of accountability, identifying new ‘hybrid’ forms they call ‘diagonal’ accountability relationships.

Accountability of actions in both the public and private sectors are the hammers to break the bane of corruption in society. The following standards of ethical behaviour are among those used in elections around the world as enumerated by The Electoral Knowledge Network (ACE) Standards for Electoral Administrators and Election Officers Uphold the constitution and abide by the legal framework, its rules and regulations. Maintain a neutral approach in performing the duties of office; with no preferential treatment

or display of political party logos, symbols or colours. Do not accept anything of value (money, offers of employment, gifts, travel) in treat

exchange for preferential treatment or access to official or non-public information. Do not discriminate against anyone on the basis of race, colour, religion, class, gender,

national origin, age or disability. Hire staff for their professional skills, not political connections or affiliation. Use office facilities (time, space and equipment) to perform official duties, not for personal

or partisan purposes. Do not pressure other officials or personnel to favour a particular candidate or party, and

refrain from intimidating them from doing so. Disclose financial information on a regular basis, as required by law and inform the

appropriate authorities of cases of waste, fraud, abuse or corruption.

Electoral irregularities, malpractices and fraud have been on the ascendancy in the electoral system as evidenced in many disputed election results at the courts even in countries with long histories of election conduct. When the electoral machinery fails in its duty of facilitation of free and fair elections, the repercussion is the destruction of the public’s faith in the whole concept of democratic governance (Smith 1960).

Tied to accountability is the oath of service. An oath of service is a public officer’s promise to meet the position’s obligations and duties. Most positions require the swearing of an oath to ensure commitment and accountability. Some oaths of service require written public records after administration whiles others do not (Bleasdle: 2014). A conduct survey in the state of Connecticut showed that eleven of the thirteen state and municipal positions required oath swearing before assuming offices. The survey found also that three municipal positions required written documentations of oath swearing to the town council clerk. Further, some officials of quasi-public agencies required to file a certification of taking the oath of office with the Secretary of the State. Some state laws require a penalty for not administering the oath of service within a thirty day period (Bleasdle: 2014).

2.7 Election Monitoring and Observation All literature information on election monitoring and observation has the endorsement of

countries political and electoral systems, regional and international bodies. Election observation in 1992 was dominated by international observer groups. Since then, domestic poll watchers have emerged and become increasingly significant (Frempong 2007: 196).

Civil Society Organizations have provided empirical basis for all stakeholders – the government, opposition, parliament, political parties, the E.C, other relevant public agencies and civil society – to take measures to improve in future elections (Ibid:52 cited in Frempong 2007).

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Reducing electoral fraud on election day is one way that international observers can influence politics in democratizing countries, and it provides relatively unique causal evidence that international actors can affect the democratization process (Hyde 2007:62.) International election observation is not the panacea to fraudulent activities at polling stations since voters and people perpetuate election offences either before or on election – day (Hyde 2007:63).

The importance and impact of both local and international observation are inevitable in political and electoral systems. Study of the international diffusion of democratization, Kristian Gleditsch and Michael Ward “firmly reject the idea that institutional change is driven entirely by domestic processes and unaffected by regional and international events (Hyde 2007:1). Hyde postulates further that election observers have no effect on fraud since leaders of countries invite election observers and cheats in front of them or use strategies of cheating difficult to observe and notice (Hyde 2007:42).

This helped to legitimize the controversial 1992 and 1996 Ghana’s Presidential and Parliamentary Elections results despite widespread documentary and photographic information by the main opposition party New Patriotic Party. In inference, it consolidated Ghana’s fragile

democracy in the beginning of the 4th republic that has made significant strides and achievements in the successful conduct of six General Elections and District Level Elections (Aryee 1998:8).

Interim statements and report writings by both local and international observer groups contribute to the legitimization of election results and governments (ECOWAS: African Press Organization Preliminary Declaration 2012). It is only when election reports provide feedbacks as lessons learnt for future implementation that impact of electoral reforms can be positive oriented. Evaluations should be seen not as an event but as part of an exercise whereby different stakeholders are able to participate in the continuous process of generating and applying evaluative knowledge. (Handbook on Monitoring and Evaluating Results UNDP 2002: 57, 76).

2.8 Voter EducationEvery Election Management Body has policy on voter education to ensure that laws, rules

and regulations, electoral process and procedures are clearly communicated and understood by Stakeholders (1992 constitution: Article 45d). The electoral mandate demands that innovations and electoral reforms provide inclusiveness and enhance participation of the electorate in the electoral process. Frequent changes to the electoral framework can also hinder election commissions.

Electoral laws hurriedly passed in election years make it difficult and challenging for the objectives of the Election Management Bodies achievable. In Uganda, for late amendments to the electoral laws has been a particular challenge. In 2005, when Uganda held its first multiparty elections in more than 20 years, electoral laws were passed only two weeks before candidate nominations were due. There was no time for voter education and little time for political parties and candidates to prepare. Ugandan political parties have now called for the enactment of a time limit requiring that all amendments to the electoral law be passed at least one year before an election (Colloquium on African elections 2005:5).

In 2012, Ghana’s introduction of biometric technology into the electoral system experienced similar challenges though it achieved its objectives of ensuring only verified voters casting their ballots as a check against impersonation and multiple registrations and voting. Dates of Gazette notification and entry into force were in the election year 2016 (CI 91:36 and C.1.94:52).

The challenge of electoral time lines in countries has been identified and measures put in place to rectify them because of its effects in the election conduct and participation of the electorate. Regional bodies like the Economic Community of West African States have the policy of modifying electoral laws only before six months to conduct of national elections to ensure

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effective voter education and publicity of electoral reforms. In line with this policy direction, member states should disallow modifications in electoral laws six months before elections without agreement by major political actors (ECOWAS Protocol; Democracy and Governance: Article 2).

Voter education on electoral time lines must stretch towards the legalities and technicalities of the electoral process to ensure timely adjudication of disputed electoral issues. Though the Election Management Body is blamed for late implementation of electoral time lines, it shows also rush to the courts by aggrieved persons with ignorance of legal proceedings to affect electoral time lines.

Complaints may revolve around human rights violations, discrimination against groups or particular candidates regarding the exercise of their franchise, or alleged violations of the laid down procedures. Generally, however, what is usually at issue is a challenge to the validity of the result (Goodwin-Gill 1994: 80 cited in Jandoh 2013:76). What is important is not so much the sanction but the timeliness of the response (Goodwin Gill 1994: 80 cited in Jandoh 2013:76). The ideal situation is where the adjudicating body is neutral and impartial. Unfortunately, the apparent settlement delays of disputes have the potential to encourage tension, anarchy, and other forms of unrest (Debrah 1998: 23 cited in Jandoh 2013:76). The 2015 district level election would have been conducted in 2014 if the legal proceedings of the Supreme Court with the complainants had not stretched the decision on the use of National Health Insurance Card for so long a time leading to operational challenges in the electoral system.

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CHAPTER THREE

3.0 PROJECT METHODOLOGYMy research methodology is centred on the collection and compilation of data to provide

insight and understanding of perceptions on the state of the Electoral Commission, its performance, strengths and weaknesses with regards to the conduct of elections. Besides, data provision and analysis emphasize the need and direction of electoral reforms that is considered inevitable to the benefit of the Electoral system.

I shed light on the following areas of interest through my research questionnaires. What is the impact of the legal framework on the work of the Electoral Commission? How effective is the recruitment and training policies of the Electoral Commission and performance of temporary staff? Are the Electoral Commission and Party Agents tolerant of electoral offences and their repercussions on election results? What is the efficacy of the Biometric Voter Registration Kits and Biometric Voter Verification Devices? How effective are the reporting relationships in the hierarchical order during elections? Is it a reflection of effective supervision? What are the factors accounting for election offences and disputes and level of recurrence to necessitate electoral reforms and Stakeholders perception of the Electoral Commission?

The methodology involves the usage of both primary and secondary sources of data collection and compilation. The primary source of data includes open ended questionnaires and close ended questionnaires to create a balance of objective data and information from Respondents. Information from research works, and other publications of books, reports and journals also added depth of knowledge to the analysis and conclusions of this project work. Targeted Respondents are a blend of Election Administrators due to the professional questions with regards to the electoral process in the Six (6) regions of Western, Greater Accra, Volta, Eastern, Northern, Upper East, and the Head Office. Views of the general public with little professionalism in electoral matters were also solicited and provided information and understanding of electoral issues in the Electoral System to enhance the direction of voter education.

It involves Forty One (41) Males and Fourteen (14) Females who represents 75% and 25% respectively in the filling of project questionnaires. Besides, Twenty Seven (27) Respondents each with 49% representations respectively are both singles and married unlike only One (1) divorced Respondent with 2% representation of the total Fifty Five (55) Respondents.Besides, it involves also the interviews of Thirty Seven (37) Presiding Officers in the Upper East region who were very instrumental in the 2012 General Elections. Only few Females participated in the interviews. Various answers provided by them give information on training sessions, election conduct and specifically their action and inaction with regards to signing of the Pink Sheets. All Respondents provided candid views on questions to either express satisfaction with the work of the Election Management Body based on past reforms or approved for the review of the electoral process with enactment of laws to ensure electoral reforms and meet current needs and standards in the electoral system.

They reveal also the challenges and problems that were associated with the election conduct and their consequences in filling elections forms, record keeping, and packaging of election materials, transporting election personnel, election materials and election results.

No major statistical programs like SPSS were used in the analysis of collected data but well – structured data and information from questionnaires were analyzed to ascertain findings and conclusions in line with project work statement and objectives. Specifically, the usage of Excel program was extensive to calculate figures and percentages with graphical representations in a comparative and informative manner to make meaningful conclusions and recommendations.

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With the collection and analysis of data and information by Respondents, most electoral reforms were accepted as urgent for implementation. Only few electoral reforms were rejected but even have future prospects and considerations. As a result, critical conclusions have been drawn and stated in line with research questions, objectives, decisions and recommendations by Respondents.

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CHAPTER FOUR

4.0 ANALYSIS AND DISCUSSIONThe project work involved the administration of Fifty – Five (55) questionnaires and

categorized ten (10) major areas to facilitate analysis and discussion. It recorded 49% Respondents each for singles and married. Only One (1) divorced Respondent was recorded as a female to represent 2% of total Respondents.

In terms of Respondents by sex for singles, it recorded the male dominance of 59% and 41% females as singles. Again males dominated for the married 93% Respondents whereas Females 7% Respondents for the married. Only One (1) Female was recorded for Divorced and represented 100% with no Male Respondents as Divorcees.

Clustered Column Chart 1

Generally Males recorded 75% Respondents and 25% Respondents for females. Information provision was based on equal opportunities and knowledge of the electoral and political systems of the country.

It recorded Fifty – Five (55) filled questionnaires with most of the Respondents in the public sector and has knowledge and experience in electoral work. Few Respondents are in the private sector and Students with limited knowledge in electoral laws and work.

It is also important to note that provided views, answers, compilation and analysis are a true reflection of filled questionnaires by the Fifty Five (55) Respondents without prejudice to sex. The selected topical areas have been carefully selected to provide analysis of variables that provide respondents views and information for conclusions, policy review and direction, academic literature information and recommendations for the delivery of better services in the electoral system.

4.1 Assessment of Past Electoral Reforms

The 4th republic has recorded many electoral reforms after the 1992 Presidential and Parliamentary Elections because of associated election flaws. The institution of the Inter Party Advisory Committee in 1994 paved the way for incredible electoral reforms but without recurring challenges and problems in both General Elections and District Level Elections. An assessment of past electoral reforms showed positive assessment than negative assessment by Respondents.

The necessity for electoral reforms is linked to weaknesses and problems that have been recurring in an alarming rate to cause concern in the electoral system. The 4th republic has recorded many electoral reforms after the 1992 Presidential and Parliamentary Elections because of associated flaws. The institution of the Inter Party Advisory Committee in 1994 paved the way for incredible electoral reforms but without recurring challenges and problems in both General

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Elections and District Level Elections. An assessment of past electoral reforms showed positive assessment than negative assessment by Respondents.

Pie Chart 1

A critical look of past electoral reforms by respondents shows much positive impact in the electoral system to reflect 98% unlike 2% Respondent with a poor assessment as shown in Pie Chart 1. This affirms an impressive credibility and benefit of electoral reforms in the electoral system from 1994 to 2014 with the Electoral Commission, Political Parties, Civil Society Organizations playing key roles making effective Article 51 of the 1992 constitution of Ghana. Clearly, this overshadows the 2% Respondents who did not believe in the effectiveness of past electoral reforms because of the recurring challenges and problems which are considered more of attitudinal other than technicalities. It confirms good policy direction and solutions to challenges and problems associated with the electoral system.

Various reasons in support of the above assertion include innovations in electoral reforms, enhanced transparency, fairness and credibility in the elections, ability to solve problems, Stakeholders contributions, enhanced the image of the Electoral Commission after 1992, and use of biometric technology.

Weaknesses observed in the past electoral reforms reveal the top down approach policy in planning, monitoring and evaluation of electoral programs and non – enforcement the law against electoral offenders. The Twenty Three (23) and Eighteen (18) Parliamentary Court cases in election years 2008 and 2012 besides the 2012 Presidential Election Petition are some of the major examples.

It is expected that Management will be proactive in pursuing the policy of putting electoral offenders before the courts for conviction and punishments in accordance of electoral laws and the country’s criminal code.

The dynamism of the electoral and political systems seem to confirm the views of Co – Authors Shaun Bowler and Todd Donavan book, The Limits of Electoral Reform (Comparative Politics), that implementation of electoral reforms have not been fully achieved.

There are challenges but a critical analysis of Ghana’s electoral reforms shows a positive response and approach by the Management of the Electoral Commission and supports from the Political Parties, Civil Society Organizations and the Academia.

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4.2.0 LEGAL FRAMEWORK

4.2.1 Definition of a lawClustered Column Chart 1

Knowledge of the legal framework of the political system and electoral system was to provide correct data and answers for analysis from Respondents. As shown in the Clustered Column Chart 2, 80% Respondents provided detailed information about the law to ascertain their level of knowledge, rules and regulations, understanding, process and procedures of the legal framework in the electoral system. The 20% Respondents with limited or no knowledge of what constitute a law proved their limited understanding of the electoral process with evidence at the limited information provided in the research work.

It provided measurements of Respondents data and selected variables for processing into relevant information useful for assessment of past electoral reforms, conclusions, policy direction, and recommendations.

Clustered Column Chart 3 and Line Chart 1

The role of the Seven (7) Management team of the Electoral Commission under the authority of Articles 44 and 45 of the 1992 constitution was assessed. Generally 90% Respondents believed in the work effectiveness of the Management of the Electoral Commission unlike 10% who were unhappy about work and performance over the years.

A critical analysis shows that majority of Respondents appreciates the input and work of E.C management as evidenced in the many electoral reforms recorded from 1994 to 2016. 90% rating shows a good policy direction in the electoral system that can partly be attributed to in-dependency capacity of the Electoral Commission.

However, the assessment of 16% Respondents of Management to be least Effective points to some weaknesses at the level of decisions, contribution, actions and in-actions by the E.C management body. It showed also that 63% Respondents showed high level of effectiveness in the work of Commission Members unlike 16% Respondents for the Least effective category that

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comes close to the 9% Respondents in the Not Effective category. Besides, they have strong views on early formulation and implementation of electoral reforms than interspersion years recorded. This connotes some level of weaknesses on the part of E.C. Management that needs a major boost in increased number to reflect equal regional representation and attention, and ensure timely response to electoral matters and policy direction.

The effectiveness of the Electoral Commission Act 1993 (Act 451) with its amendments was also assessed. Act 451 is the brain child of Articles 43 – 54 of the 1992 constitution and establishes the Electoral Commission in terms of appointments and more detail functions of the Election Management Body and the work of the Commission. It produced a positive response to reinforce Management of the Electoral Commission’s ability to deliver on constitutional functions.

This received overwhelming endorsement of its effectiveness to represent 98% Respondents as shown by Line graph 1. The high confidence level of Respondents in Act 451 to deliver relates

with major improvements in the electoral system over the years in the 4th republic. As an amplification of constitutional provisions, it has served as a guide and springboard to the

institution of electoral reforms in the electoral system in the 4th republic. However, 2% Respondents perceived weaknesses in Act 451 just like the 10% Respondents with effectiveness assessment of the E.C Management of the Electoral Commission.

It reveals also that 16% Respondents who could not provide information on this aspect of the law belong to the 20% category of Respondents in Clustered Column 2 who had no or limited knowledge and definition of the law and legal framework which drives the electoral system.

Clustered Column Chart 4 and Clustered Column Chart 5

The commencement of electoral reforms from 1994 institution of the Inter Party Advisory Committee (I.P.A.C) culminated in the Public Elections (Registration of Voters) Regulations 2012 (C.I. 72) and the Public Elections Regulations 2012 (C.I. 94). Its effectiveness in the electoral system recorded 89% positive responses to endorse its ability to deliver on a general scale in the electoral process. It is based on the premise of consistent and periodic registrations and voting in national elections. The Clustered Column Chart 4 shows also 11% Respondents with views of no improvements of the electoral process due to recurring challenges. These electoral laws regulate registration of voters and exhibition of the Provisional Registers, and conduct of the Presidential and Parliamentary elections in the electoral system.

Selected variables in Clustered Column Chart 5 show Six (6) electoral offences common in the registration of Voters and conduct of public elections. They are specified in the C.I. 72 and C.I. 94 and depict violations of these electoral laws at the expense of compilation of a good Voters’ register for election conduct acceptable to all Stakeholders.

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The frequency of its occurrence in the electoral system was determined by Respondents as shown in the chart above. It shows from the highest to the lowest with 28% for Multiple Registrations, 26% for Below Eighteen (18) years, 24% for Non – Citizens, 15% for Multiple Voting, 4% for Impersonation and 3% for Damaging Electoral Materials and Equipment. It is important to note that multiple registrations have dominated electoral offences in the electoral system in the 4th republic.

All reform areas such as replacement of lost Voter I.D. Cards and prescribed penalties have not fully worked to prevent its commitments in the electoral process. Also minor registrations have been recurring even with Party Agents selected from electoral areas and present at registration centres. Registration Centres in border towns and villages have recorded Non – Citizens registrations. As a result, 15% Respondents admitted Multiple Voting in national elections in which the credibility of the Voters’ register is questioned for replacement purpose.

Respondents demonstrated knowledge of the electoral process with the order of frequency of electoral offenses as they recorded also the lowest of 4% and 3% Impersonation and Damaging Electoral Materials and Equipment respectively due to introduction of biometric technology and effective security measures in the electoral system. This is also the major reason why the 2% Respondents rated assessment of past electoral reforms and Management performance respectively and 11% Respondents for C.I. 72 and C.I. 94 as non – effective in the electoral system.

Clustered Column Chart 6 and Line Chart 2

All these recurring electoral offences justified the need for assessment of punishments prescribed in the electoral laws. It is important to note that 93% Respondents accepted the position of meted punishments for electoral offenders unlike 7% Respondents as shown in Clustered Column Chart 6. This means that most of the Respondents accepted the position of the electoral laws and therefore expressed their views on prescribed penalties as effective or non – effective in the electoral system. In Line Chart 2, 73% Respondents accepted the effectiveness of the prescribed 500 penalty units to deliver unlike 27% Respondents because of recurring violations of the electoral laws that serves as a weakness to prevention of electoral offenses.

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Line Chart 3 and Line Chart 4

The call for bigger punishment was to determine the effectiveness of current electoral laws and damaging effects in the electoral system as a result of recurring electoral offences.

In Line Chart 3 and Line Chart 4, Respondents showed varied opinions on bigger fines and longer imprisonments for electoral offenders as deterrence to future recurrence. This is in reference to the partial effectiveness of the fine of 500 penalty units or two years imprisonment or both. The distinction between approved and disapproved Respondents recorded 61% and 39% respectively to affirm the need to make the electoral system friendly to law abiding citizens and voters and unfriendly to law breakers and trouble makers. It is meant to rewind the clock of electoral offences and ensure that the peace and security of the country is enforced by the peaceful electoral and political systems. This is justified by the approved reasons of 62% as against 38% disapproval reasons.

Clustered Column Chart 7

The justification for increasing punishments stems from recurring electoral offences even in the implementation of the current law in punishing electoral offenders. 91% Respondents supported the need for punishment of electoral offenders as a check in the electoral system. Generally 56% representation recorded satisfaction in the effectiveness of the law to punish and achieve its intended purpose in the electoral system. However, the representation increased to 60% when it centred on bigger fines and imprisonments. This is also evident by a further reduction to 56% when reasons were provided by Respondents for the advocacy of stiffer punishments. This means that the level of potency of the current law of GH¢12.00 per penalty unit and its equivalent of 500 penalty units for electoral offenders as specified in the Constitutional Instrument 72 on registration of voters is not every effective in operation. However, there is the distinction between Respondents who believe in the potency of the law and

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stiffer punishments to check electoral offences to the maximum and Respondents who advocated for the maintenance of the law and reformative measures to check and minimize electoral offences.

Critical look of the electoral laws to punish electoral offenders by a fine of Five Hundred (500) Penalty Units or Two (2) years imprisonment was not unanimous but recorded 56%. This means also that the recurrence of electoral offences over the election years makes enforcement of the law and its impact questionable in the electoral system as pointed by 44% of total Respondents.

To enforce the need to change the face of the electoral system and make it free from electoral offences, advocacy for bigger fines and longer imprisonments showed varied opinions. 60% Respondents advocated for increased punishments to reveal the urgent need to make the electoral system.

This means that the unit penalty of 1/3 of the minimum wage of GH¢6.00 X 30 in the Fines (Penalty Units) Act – 2000 (Act 572), of the 500 penalty units, or two (2) years imprisonment or both between year 2000 and year 2005 is considered potent to deter this kind of electoral offenders. It is also important to note that the elasticity of the equivalent amount of the 500 penalty units was then connected to the current minimum wage.

However, legislation on Fines and Penalty Units (Amendment) Instrument, 2005 (L.I. 1813) specified GH¢12.00 as one penalty unit. This means that 500 penalty units equals GH¢6,000 as the maximum fine for registration offenders.

It points to the fact that the bigger fine from the years 2000 to 2005 was appreciated by some Respondents unlike the amendment in 2005 that reduced the amount of a penalty unit to GH¢12.00. This paradigm shift is evidenced by majority Respondents who gave varied reasons to their benefits in the work of the Election Management Body and the Electoral System.

These given reasons for stiffer punishments include prevention, recurrence and deterrence of potential offenders, ensure cleanness of the Voters’ register, promote the law, enforce the law, high cost in the electoral system, instill trust in election officials and the electoral system, and deterrence to the rich in society and party officials.

However, some Respondents were certain that the current law is enough to deal with all electoral offenders. Given reasons show the need to enforce the law, but more importantly the need for education and advocacy, reformation rather than punishment, preventive measures rather than punishments, vigilance on the part of the Electoral Commission and in the extreme case recorded Respondents advocacy for instant judgment for electoral offenders.

Respondents affirm an effective legal framework that has the potential to ensure implementable and workable laws by the Election Management Body and other Stakeholders like eligible Voters and Voters. This can be augmented by enforcement of the laws, stiffer punishment, coupled with Stakeholder involvement through Voter and Public education and reformation measures to serve as deterrence. It is believed that enforcement of the electoral laws will clear all hurdles and increase trust and confidence, and change negative perceptions of people about the state of the electoral system. This is advocacy for strong institutions in the electoral system. Africa doesn’t need strong men; it needs strong institutions (Obama 2009 & 2015). It is also argued that recurring electoral malpractices is symbolic of weak institutions (Friedrich Ebert Stiftung: 49). This explains why countries electoral systems have laws to effectively prosecute electoral offenders or reformed their legal frameworks to increase the punishment of electoral offenders to ensure sanity and peace before, during and post – election era (Criminal Offences Act 1960, Act 29 as amended up to 2003 and Courts Act 1993, Act 459).

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The views of Respondents affirms that the legal framework thrives on Dicey’s rule of law with all the three (3) main components of supremacy of the law, equality of the law and judicial

decisions and interpretations of the law are tied to constitutional interpretations and respected by the three (3) arms of government in the electoral system. Since rules and regulations are to be followed and achieve set objectives, it affirms the belief that the electoral process and the electoral system must be systematically promoted to ensure Voter compliance in registration, exhibition and voting processes in the electoral process. This means that the implementation of C.I. 72 is fully achieved when Registered Voters participate in exhibition of the Provisional Registers. Though registration of Voters is not compulsory; once registered, you must complete the electoral process. Continue to your exhibition centre and check, confirm, correct and include your details, and object where necessary as required by law and then vote in Public elections. It is also important to note that C.I. 72 is the pendulum that swings to C.I. 75, a prerequisite, which is connected to Articles 42 and 45 of the 1992 Constitution despite its non – compulsory and binding nature.

4.3.0 TRAINING ELECTORAL OFFICIALSThe training policies of the Election Management Body comprise both permanent and

temporary staff in the electoral system. There is a strong correlation and connection because a well – trained permanent staff culminates in the effective training of the temporary staff in accordance with Article 45 (d) of the 1992 constitution: The Electoral Commission shall educate the public of its electoral process and purpose. Besides, all electoral and election activities requires well trained staff and people to do them and achieve the Commission’s goals. It questions the in-dependency role of the Commission in the performance of constitutional functions achieved through the training policy and preparation of staff and people. It connects strongly with other research areas to ascertain commitment of trained staff, and manipulations by stakeholders (1992 constitution: Articles 45 & 46).

Many of the recurring irregularities and problems in the electoral system have been attributed to the work of Temporary Staff which questions the training polices of the Commission. To ascertain the importance of the Commission’s training policy on a two year basis that reflects the type of electoral activity, majority of Respondents believed in the correlation to the achievement of excellent results. This means that training of Temporary Officials prepares adequately for the effective implementation of policies, programs, rules and regulations, and processes and procedures in the Electoral System.

4.3.1 Temporary Staff should ensure excellent results

Clustered Column Chart 8

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The training policies of the Electoral Commission are meant to make implementation of constitutional functions effective and results oriented for the benefit of all Stakeholders. In Clustered Column Chart 8, 92% Respondents accepted the view of training unto excellence unlike 8% Respondents with contrary views. The former is perceived to be necessary for attainment of excellent results with the passion to work and perform whereas the latter considers other factors as influential and contributory to attain the best results. It reveals also the knowledge base of Respondents in the training policy for Temporary Electoral Officials over the years. Besides, there is the belief that other factors like good communication, attitude and management contributed to effectiveness and efficiency of Temporary Staff in the electoral system besides motivation and remuneration measures.

Decisions made by Respondents reflect the impact of training sessions in the delivery of electoral services. It is also based on achievable results in the electoral system where every election year has recorded the recruitment of people and conduct of training sessions in the implementation of electoral activities.

4.3.2 Performance of Temporary Staff has achieved Electoral Commission’s objectives

Line Graph 5

To ascertain the level of performance of Temporary Staff in the achievement of Electoral Commission objectives, many Respondents were of the view that successes over the years have a correlation to the work of Temporary Officials. Though none of the Respondents admitted affirmation in the excellent category due to committed errors, it revealed 94% Respondents who believed that the effectiveness of Temporary Staff has contributed greatly to the achievement of the Electoral Commission objectives.

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It revealed high level effectiveness where temporary staff was trained and tasks performed creditably in their assigned roles. Accepted results of elections by Stakeholders, locally and international in the work of the Electoral Commission affirm achievement of objectives in every election calendar year.

The 6% non – effectiveness can be attributed to some lapses in the recruitment, training and performance of temporary staff which made objectives of the Electoral Commission questionable by some stakeholders.

The objectives of the Electoral Commission are tied to its vision and mission from 1992 to 2016 and replaced before the 2016 General elections to reflect new policy direction. Prior to 2016 election year, the seven (7) core departments contributed greatly to the constitutional functions especially in the divisions of operations, and finance and administration. The Research, Monitoring and Evaluation department of the Electoral Commission monitored and assessed all Commission’s activities to enable many electoral reforms administratively and amendments to electoral laws.

The training department benefited from the coordinating function of the elections department that enabled training and information flow to both permanent staff and temporary staff to perform specific duties related to every electoral activity such as demarcation of electoral boundaries, registration of voters, exhibition of provisional registers and conduct of national elections, council of state elections in the regions, election of political parties national, regional and district executives and election of leaders for organizations and institutions.

Successes achieved in the 4th republic point to the direction of majority Respondents in a positive perspective of well – trained and performance oriented temporary staff unlike the few Respondents influenced by some challenges and problems in the work of the Electoral Commission.

4.3.3 Performance of Temporary Staff in the 2012 General Election Line graph 6

The performance of temporary staff in the 2012 General elections was in the limelight as a result of the Presidential election petition. Besides, the recorded eighteen (18) parliamentary court cases in the High Courts revealed dissatisfaction of election results attributed to work of Polling Officials. Though no Respondent assessed their performance as excellent, majority Respondents believed in the success of work done by Temporary Officials in the 2012 General Elections and represented 85% as shown in Line graph 6. This can also be attributed to effective training of Polling Officials that correlated to achievable results in many of the Polling Stations.

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However, 15% Respondents were recorded for the category of Poor because of arguable lapses like unsigned Declaration of Results Sheets and poor handwriting by Presiding Officers. It questions emphasis in the training sessions, understanding of the process and procedures, rules and regulations of the filling of the Statement of Poll and Declaration of Results Sheets that are stated as constitutional functions in Article 49 of the 1992 constitution. It questions also performance and expected teamwork among all Polling Officials at Polling Stations.

The 2012 Presidential election petition at the Supreme Court put the Electoral Commission in the limelight and various analyses were done to ascertain levels of achievement of objectives. It revealed poor work done by some Polling Officials in certain Polling Stations that generated legal arguments, questions and answers at the Supreme Court hearings from the Judges, New Patriotic Party (N.P.P) Petitioners and 1st and 2nd Respondents of the Electoral Commission and the National Democratic Congress (N.D.C). Issues centred mainly on the unsigned Pink Sheets by Presiding Officers, over voting and non – serial Pink Sheets.

4.3.4 Attribute questionable performances of Temporary Staff to Electoral Officers

Line Graph 7

The general management and supervisory role of Electoral Officers is by their appointment and placement in constitutional provisions of Articles 52 and 53 of the 1992 constitution. Respondents attributed questionable performances of Temporary Staff to Electoral Officers by 94% as against 4% attributed full blame as shown in Line graph 7.

Since respondents were a mix of election administrators and non – election administrators, the results confirmed constitutional mandate of Electoral Officers and are therefore accountable for all election related activities in assigned districts, municipals and sub metropolitan areas. This means that all observed and recorded lapses should be attributed to them especially when training of temporary officials of the Commission is under their management and supervision.

In line graph 7, it is clear that 4% Respondents did not attribute blame of election lapses on Electoral Officers partly because they can be shielded by ensuring effective training, and also not the Polling Officials who directly conducted the elections at the Polling Station level. This representation is low especially when majority of the Respondents were election administrators in their capacities of Regional Directors, District Electoral Officers and Head Office Electoral Officers. This means that election administrators admitted blame of lapses in training sessions and performances of temporary staff.

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4.3.5 Impact of Training sessions in the electoral system

Line Graph 8

The impact of training sessions in the electoral system was perceived to be positive oriented since the inception of the 4th republic despite the challenges. Though no Respondent was recorded in the Excellent category, Respondents candid views were based on achievements in objectives in the Electoral Commission, past elections and the 2012 General elections to receive 92% commendation as shown in Line graph 8. They believed that successes over the years and many electoral reforms implemented must be attributed to the work of Temporary Officials in the electoral system. However, 8% Respondents perceived the recurring challenges and problems in the electoral process as weaknesses in the training policy of the Electoral Commission in the 4th republic.

Majority Respondents are of the view that training of electoral officials has benefitted the Election Management Body and the Electoral System more than jeopardizes its mission and vision. It affirms their views to ensure continuous and effective training of Temporary Staff to achieve efficient delivery of electoral services to all Stakeholders in the electoral system in line with the vision and mission of the Election Management Body. It confirms also the assertions of David C. Kimball, Brady Baybeck, Jennifer Collins - Foley, Connie Schmidt & Chere’ Maxwell in their 2010 Survey work that Temporary Staff of the Election Management Body play key roles in election conduct and require proper training and supervision to ensure effectiveness and efficiency in the electoral system.

Majority Respondents are of the view that training of electoral officials has benefitted the Election Management Body and the Electoral System more than jeopardized its mission and vision. It affirms their views to ensure continuous and effective training of Temporary Staff to achieve efficient delivery of electoral services to all Stakeholders in the electoral system in line with the vision and mission of the Election Management Body. It confirms also the assertions of David C. Kimball, Brady Baybeck, Jennifer Collins - Foley, Connie Schmidt & Chere’ Maxwell in their 2010 Survey work that Temporary Staff of the Election Management Body play key roles in election conduct and require proper training and supervision to ensure effectiveness and efficiency in the electoral system.

4.4.0 BIOMETRIC VOTER REGISTRATION KITS AND BIOMETRIC VERIFICATION DEVICES

The legal framework and effective implementation of biometric registration and voting in the Public Election since 2012 have been guided by the Public Elections (Registration of Voters) Regulations 2012, C.I.72 and Public Election Regulations 2012, C.I. 75. This is linked to effective training of personnel in the performance of the Commission’s activities and achievement of goals. Expectations were high to ensure the correct usage of these electronic equipments with benefits of prevention of multiple registrations and voting, and impersonation in the electoral system. Though objectives for the introduction of biometric technology in the

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electoral system are being achieved, it has been associated with failure of some of the devices to register all Applicants at registration centres and verify fingerprints of voters in public elections contrary to voter and public education.

4.4.1 Efficacy of Biometric Voter Registration Kits (BVR Kits)

Line Graph 9

The introduction of biometric technology in the Public Elections (registration of voters) regulations 2012 (C.I. 72) paved the way for the 40 days ever biometric voter registration in the country. Seven (7) thousand Biometric Voter registration (BVR) kits were purchased for the 6,156 electoral areas that served their respective polling stations. The remaining Eight Hundred and Forty Four (844) BVR kits served as backups in all the ten (10) regions. In line graph 9, almost all Respondents admitted the efficacy of the Biometric Voter Registration Kits to represent 98% unlike just 2% Respondents as shown in Line graph 9.

The process and procedures of data collection, data capture, biometric features such as captured finger prints, picture taken, print of pre – captured data information form (Form 1 C) for Voter I.D. Card preparation and issuance (Electoral Commission Amendment Act 2003 Sections 2d and 12c).

A total of 98% assessment of BVR kits performances is a potent machination to prove its usefulness in the achievement of Electoral Commission objectives. The broad perspective of Respondents used in collecting data and information benefited from participation in the 2012 biometric voter registration exercise to appreciate the efficacy of these registration kits. Besides, more than 14,000,000 registered voters served as an indication of good performance and delivery services by these biometric voter registration kits.

The 2% Respondents who rated badly the performance and results of the biometric voter registration kits were influenced by the challenges of long queues and problems of intermittent malfunction and breakdown of some of the biometric voter registration kits in registration centres that even led to a mop up exercise by the Commission. The widely circulated news that some applicants were in long queues and could not be registered pointed to the slow process of registration; not at the level of voter registration exercises before the year 2012.

4.4.2 Impact of Biometric Voter Registration Kits in the Electoral System Line Graph 10

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Respondents acknowledged the impact of the Biometric Voter Registration Kits in the electoral system to reveal the accuracy and credibility of the Voters’ Register. It featured the capture of finger prints and facial images at registrations centres in electoral areas which hitherto was absent to facilitate checks against impersonation and multiple registrations. The public confidence in the Voters register was also confirmed by 96% Respondents in Line graph 10 because of the clear benefits of its biometric features that was evidenced in achievable results of registered voters. However, 4% Respondents asserted that these registration kits performed badly contrary to pilot testing successes, usage of Super Lock Technology Ltd. (STL) trainers and technicians, public and voter education. The short period of assessment could only use the 2012 voter registration exercise as the measurement tool.

Reasons given by Respondents for the biometric voter registration kits achievements are capture of biometric features and prevention of multiple registrations, impersonation, under aged Voters, shows all inclusive registration statistics, prevents multiple voting, generates quick Voter’s data and reports, cleans the voters’ register, minimizes electoral fraud, enhanced voter transparency, increase confidence and ensure reliable and dependable Voters’ register in the electoral system.

Reasons given by Respondents for weaknesses of the Kits are frequent breakdowns, difficulty in adapting to unfriendly environmental conditions like heat and dust, slow registration process, and application of wrong keys.

4.4.3 Increase budget to buy Biometric Voter Verification Kits

Line Graph 11

The positive impact of biometric technology in the electoral system confirmed Respondents views to procure additional BVR Kits. Though these registration kits are expensive, Respondents appreciated their benefits in the electoral system to buy Biometric Voter Registration Kits for every Registration Centre as a result of widespread challenges in the 2012 voter registration exercise and the 2012 Presidential election petition. It recorded 83% approval and 17% disapproval rate as shown in Line graph 11.

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It is also important to note that views of Respondents were shaped by knowledge base of the electoral system with regards to the Public Elections Regulation 2012 (Biometric Registration of Voters) C.I. 72. It points to the direction of increasing the number of BVR kits in future biometric voter registration exercises through increased budgetary allocations and donor support from the international community. The Chairman of the Electoral Commission, Dr. Kwadwo Afari Djan, estimated GH₵243,528,305 for the 2012 registration and Presidential and Parliamentary elections. The amount of GH₵148,942,378 was allocated for the biometric voter registration and GH₵7,477,966 for the Provisional Register (Editors Forum, Ghana: 2012).

4.4.4 Efficacy of Biometric Verification Devices

Line Graph 12

The use of the biometric verification devices (BVDS) has its legal basis in the Public Elections (registration of voters) Regulations 2012 and was necessary to complete the verification process with the earlier introduction of biometric technology in the electoral system. Its first usage in the 2012 General elections was associated with challenges and problems. The Electoral Commission procured 33,000 biometric verification devices for 26,002 polling stations as part of the estimated amount of GH₵87,107,961 for the Presidential and Parliamentary elections (Editors Forum, Ghana: 2012).

96% Respondents showed high success rate of Biometric Verification Devices unlike 4% Respondents s shown in Line graph 12. Various endorsements by Respondents signify the ability of the BVDS to verify finger prints of voters as pertained in 2012 with 79.43% and 80.01% turnouts for the Presidential and Parliamentary elections respectively. The 4% Respondents who rated the use of the BVDS as ineffective in the 2012 General elections were influenced by the inability of some of them to verify voters, and therefore denied them their right to vote in the elections.

It can be argued that the 2012 Presidential and Parliamentary elections results was a reflection of votes obtained by Candidates through the choices of verified voters. Despite the challenges and problems with the BVDS usages that received only 4% poor rating, it is an indication of good delivery services in the achievement of objectives of the Electoral Commission in the electoral system.

It is also important to note that views of Respondents were shaped by knowledge base of the electoral system with regards to past challenges and the new face of election conduct of verifying voters before voting as specified in the Public Elections Regulation 2012, C.I. 75.

4.4.5 Strengthening the Electronics Unit of the Electoral Commission

Line Graph 13

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Most Respondents were positive minded about the strengthening of the Electronics department of the Electoral Commission to repair dysfunctional Biometric Voter Registration Unit Kits and Biometric Verification Devices.

In Line graph 13, Respondents views was very clear as 93% of them agreed that the electronics Unit of the Electoral Commission should be strengthened to assist Super Lock electronics unit of the Electoral Commission should be strengthened to assist Super Lock Technology Ltd (STL) in the repairs of dysfunctional BVR Kits and BVDS. This would involve training of old staff and recruitment of new staff to achieve E.C objectives. It can be argued that this would be partnership and collaboration between the E.C and S.T.L to build up the maintenance culture and ensure reusable biometric devices. However, 17% Respondents did not approve because of technicalities and contractual agreements.

4.4.6 Biometric Verification Devices performance affected 2012 General Elections Line Graph 14

One of the issues discussed at the Supreme Court 2012 Presidential Election petition was the state of the biometric verification devices. Even though most of the voters were verified at respective polling stations, there were challenges and problems with BVDS at some polling stations that even adjourned elections to the day after the main election day.

In Line graph 14, 83% Respondents believed that the Biometric Verification devices played significant roles in challenges encountered in election conduct and election results unlike Seven (7) Respondents. Only 13% Respondents asserted that the performance of the biometric verification devices did not affect election conduct and election results.

It confirms the assertion that some voters were disenfranchised on the basis of non – verification and not breakdown of verification devices because of adjournment of voting to the

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next day in few polling stations across the country. It can therefore be argued that the challenges and problems with the BVDS usages affected few polling stations and voters and were not widespread to damage the integrity of the elections and elections results. This confirms the view of the 13% respondents that the BVDS affected some voters but not a strong justification for violation of voting rights in the disputed 2012 Presidential election results.

On the other hand, the views of the 87% Respondents show that every single vote counts and therefore the denial of a voter to vote in public elections by a machine affected the elections.

Since the right of the vote is assured in public elections as a constitutional provision, it is important that the electoral system is reformed to ensure equal opportunities of verification for every voter. The application of the universal adult suffrage based on the principle of one man one vote should apply to voters whose names and details are captured in the election data base and voters register. It confirms Articles 42 and 45 of the 1992 constitution of Ghana.

4.4.7 Biometric Verification Devices contributed to irregularities in 2012 General Elections Line Graph 15

Deeper understanding of efficacy of the Biometric Verification Devices revealed irregularities in the General elections because of freezing and breakdown of the devices to delay or stop processing of some voters.

Line graph 15 shows 72% Respondents who believed that the Biometric Verification Devices influenced the commitment of irregularities in the General elections unlike 28% Respondents.

By the definition of electoral irregularity to mean non conformity with rules and regulations and expected results, it confirms the assertion of the 72% respondents that the 2012 General elections recorded irregularities as a result of malfunction and breakdown of BVDS. This confirms also the views of the 87% Respondents evident in Line graph 14 that the irregularities, malfunctioned and breakdown of the BVDS was the major cause of challenges and problems and therefore affected the conduct of the 2012 General elections.

4.4.8 Impact Assessment of Biometric Verification Devices in the Electoral System

Line Graph 16

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Achievable polling station results, collated results and declared elections results at the constituency levels indicate good performances of the biometric verification devices. Despite its limitations as a result of irregularities, challenges and problems in the 2012 General elections, its significance in the electoral system is the result of achievement of set objectives of biometric verification before voting to prevent multiple voting, impersonations and over voting that was hitherto election offences committed easily by collaborators.

In Line graph 16, impact assessment of BVDS in the electoral system happens to be more positive than negative with 94% Respondents unlike 6% Respondents.

Achievements in the use of the Biometric Verification Devices have been highlighted by Respondents in the following manner. They comprise verification of true voters, prevention and check against multiple voting, impersonation, achieves accuracy and credibility, ability to print voting time, quick processing in a reasonable time, increased trust and integrity in the electoral system.

Reasons for weaknesses of the Biometric Verification usages have been highlighted as delays in processing some Voters, frequent breakdowns, over heating problems and low batteries capacities due to late change and alternative battery usages.

A critical analysis of the above reasons depends on the state of the biometric verification devices and fingerprints of voters. Processing of voters at polling stations in the 2012 General elections showed that some voters with clean fingers and good fingerprints spent less than two (2) minutes at the verification stage unlike voter with dirty fingers and damage fingerprints. The assertion therefore is that the principle underlying the introduction and usage of BVDS in the verification of voters was achieved to about 90% satisfaction by stakeholders and culminated in the declaration of the 2012 Presidential and Parliamentary election results by the Electoral Commission, and confirmed by the Supreme Court in August 2013. Besides, the use of the BVD Failed forms at the Polling Stations enabled compilation of reasons of rejection of Voters fingerprints and centred on issues of insufficient data, non – recognized fingerprints and poor fingerprints.

4.4.9 Further DiscussionThe conclusions drawn from analyzing various views of Respondents show that the efficacy

and impact of the Biometric Voter Registration Kits was good and beneficial to the work of the Election Management Body and the electoral system. It changed the face of registration of eligible Voters with a higher level of accuracy to prevent multiple registrations and impersonation for the first time in the history of registration as a country. The ability of the Automatic Fingerprint Identification System (AFIS) to expose 69,236 multiple registrations in the 2014 limited voter registration is a plus in the electoral system. This constituted 7% of total registered Voters of 927,064 (Electoral Commission, 2014) to avert a bloated Voters’ register that was characterized by manual voter registrations till 2012. It affirmed the assertion of Jim

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Wayman, 2001 and Teddy Ko that the implementation of biometrics in the electoral system is to enhance the integrity of the electoral process and not to change it.

Besides, education and publicity emphasized more on strengths than weaknesses and explains the magnitude of frustrations, tensions and reservations by sections of the electorate and political parties. It shows also that the level of education and publicity was limited to interested stakeholders who participated in demonstrations of the kits functions at the E.C head office, regions and districts during the pilot exercises. Though the numbers of non – verified voters were negligible, stakeholders were dissatisfied because of the benefit of the principle of universal adult suffrage where one vote equals a voter.

Majority of Respondents perceived it to be effective and results oriented and even advocated for increased budget to ensure provision at every Registration Centre, inclusion of the Electoral Commission support staff, Electronics unit, to contribute to their efficacy, credibility and trust in the electoral system. However challenges and problems were acknowledged but they do not erode the beneficiary aspects in the registration of eligible voters and verification of Voters with high level accuracy and accountability.

Again majority Respondents admitted the efficacy of the Biometric Verification Devices in election conduct and positive changes in the electoral system to ensure confidence and trust of Stakeholders. Even though processing delays occurred in the 2012 General Elections as a result of intermittent malfunction and breakdowns of some of the Verification Devices, majority Respondents acknowledged the achievement of verification purpose in election conduct that enabled voting and transparent election results at Polling Stations and Collation Centres. The postponement of election to the following day at affected Polling Stations could not erode the gains but rather ensured continuous voting with the achievement of verification purpose for Voters.

It is also important to note that C.I. 75 violated Articles 42 and 45 of the 1992 constitution where the voter’s right and freedom is respected in the electoral system. This is a result of emphasis of the law with only electronic verification to vote and therefore no provision was made for alternative verification. Alternative verification measures, therefore, must be put in place to allow all eligible voters whose names are in the voters register to vote freely in public elections in accordance with constitutional provisions and conformity with the Multi – modal biometrics identification system.

Ghana’s recent examples are emulation of the United States of America, European countries and South American countries with long histories of biometrics in their Electoral Systems, and recent adoption by African countries. It affirms the belief that the Electoral System is becoming better and friendly with the introduction of biometric technology to ensure Voter confidence and the achievement of credible election results. Since the introduction of biometric technology is a collective decision of Stakeholders and new to the electoral system, challenges and problems are inevitable but solvable as pertained in other countries with earlier introductions in their electoral systems. We must be guided on the making of good decisions in purchases, usages and maintenance.

It affirmed the assertion of Jim Wayman, 2001 and Teddy Ko that the implementation of biometrics in the electoral system is to enhance the integrity of the electoral process and not to change it.

4.5.0 REPORTING RELATIONSHIPSIt is the structure of leadership and duties that emanates from the top to the bottom; Electoral

Officer to the Polling Officials in the constituency and district. Between these two positions are the Returning Officer and the Presiding Officer and Polling Assistants. While the position of

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Returning Officer is the highest among all the recruited temporary staff, that of the Electoral Officer is permanent and the highest in the district, municipal and sub metropolitan, and only below the positions of Regional Directors and their Deputies. It involves more managerial and supervisory relationship and accountability of all actions and inactions. This relationship is linked to official duties and accountability of assigned roles and duties specified in the Public Elections Regulations 2012; C.I.75.

4.5.1 Relationship between the Electoral Officers and the Returning Officers The reporting relationship between the Electoral Officers and the Returning Officers reveals

more positivity than negativity by Respondents.Pie Chart 2

In Line graph 2, 94% Respondents acknowledge positive reporting relationships from the Returning Officers to Electoral Officers than 6% Respondents with poor assessment.

Reasons given for this type of positive reporting relationship was attributed to their roles prescribed in the Public Elections Regulations 2012, C.I.75. Besides, this relationship ensures easy flow of information and supervision, team work, use of communication devices such as mobile phones, report of problems on the poll day with regards to shortages of election materials and breakdowns of biometric verification devices.

Reasons for poor and challenging reporting relationships centre on lack of transparent roles, poor communication networks, bad road networks, and perception of bearing allegiance to the Regional Directors than the Electoral Officers by virtue of their interviewing and issue of appointment letters at the regional level.

Critical analysis of given reasons show a more cordial reporting relationship between the electoral officer and the returning officer than a discouraging reporting relationship. It means therefore that variables like good communication networks accounts for the communication of early election information to achieve objectives on election conduct. Also, Returning Officers are able to solve challenges and problems in assigned areas in the constituency without the involvement of Electoral Officers. However, some Returning Officers do not communicate vital election information to their Electoral Officers in a timely manner for action in terms of solutions and interventions. This makes answerability and accountability role of the Electoral Officer difficult with regards to election conduct. The 2012 Presidential election petition issues reveal that communication and information flow was lacking from the Returning Officer to the Electoral Officer.

4.5.2 Relationship between the Returning Officers and Presiding OfficersThe reporting relationship between the Returning Officers and the Presiding Officers is very

important to the success of elections with regards to Polling Station activities. The Public

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Election Regulation 2012, C.I 75 prescribes a close working relationship where communication ensures transparency of roles and accountability of actions. It is also the Returning Officers who train the Presiding Officers and all other polling assistants before assignment to polling stations. It shows that the laws, rules and regulations are to be followed to ensure easy access to information, and achieve good performance and accountability (Suk Kim et al 2005: 649).

Clustered Bar Chart 1

The reporting relationship between the Returning Officers and the Presiding Officers is deemed as cordial and results oriented by the provided responses. The views of Respondents indicate a cordial working relationship based on trust, instructions, communication, and accountability of actions and in-actions. This recorded 92% Respondents for positive relationship and 8% Respondents for negative relationship.

Reasons given for the positive and cordial reporting relationships are roles of Presiding Officers and Returning Officers specified in the Public Elections Regulations 2012, C.I.75. This was connected to early emphasis on communication at training sessions, supervision of the Presiding Officers, logistics handling and management, transmission of election results to Collation centres, use of mobile phones, report of breakdown of Biometric Verification Devices, team work and transparency, and accountability of election materials in custody.

Negative reporting relationships and communication challenges show reasons of apathy to call where necessary, bad motives, breach of in-dependency because of manipulations and compromises, and preference to call Electoral Officers than Returning Officers who are their immediate supervisors.

Critical observation of given reasons confirm the views of 92% Respondents that polling station activities such as processing voters and particularly malfunctioned and breakdown of biometric verification devices reflected a positive communication that resulted in adjournment of poll a day after the main election – day in affected polling stations. On the other hand, 8% Respondents views were confirmed with poor records on statement of poll and declaration of results sheets and unsigned “pink sheets” by Presiding Officers on the basis of the 2012 Presidential Election petition. It reveals serious flaws with training and instructions from the Returning Officers to the Presiding Officers and communication gaps to the Returning Officers.

4.5.3 Unsigned Pink Sheets as deliberate decisions by Presiding Officers

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Respondents provided views on extent of deliberate decisions of unsigned Pink sheets by Presiding Officers. This shows 76% for deliberate decisions category unlike 24% for not deliberate category as shown in Clustered Bar Chart 2.

Many reasons have been given to support the assertion of unsigned Pink sheets as deliberate acts by Presiding Officers. They include the strongest view for Negligence of Duty, stronger view for Political Pressure, strong view for State of Confusion and a slightly strong view for Bribery. These views were shared also by the Thirty Seven (37) Interviewees at the Upper East Region who were Presiding Officers in the 2012 General Elections and reflected the same for the other nine (9) regions.

They explain what must have necessitated their actions or reasons behind their in-actions in accordance or contravention of Article 49 (3) of the 1992 constitution.

Critical analysis of the stated reasons indicate a clear constitutional violation for the unsigned declaration of results sheets by Presiding Officers especially when it is to confirm counted votes and recorded polling station results before announcement and provision of carbonized copies to Candidates agents. Interestingly among the stated reasons has Respondents indicating negligence of duty as the highest among the other stated possible reasons. This confirms the deliberate stance by most of these Presiding Officers to require penalties as deterrence in future public elections.

By and large, views of the 76% Respondents attributed blame to Presiding Officers because of given training and clear instructions on the Statement of Poll and Declaration of Results Sheets.

It revealed lack of team work at Polling stations because of non – interventions by Polling Assistants who are to assist the Presiding Officer in the performance of duties.

The 24% Respondents looked at the general perspective of election results beyond the signing of the declaration of results sheets. Work pressure and forgetfulness were the attributed factors. Their line of argument is that votes counted and obtained by Candidates in the presence of Candidates Agents without objections, and recorded on Declaration of Results Sheets by Presiding Officers should be considered valid results. However, it contradicts constitutional provisions on election conduct, and the Public Elections Regulations 2012, C.I. 75).

4.5.4 Blamed Party Agents for having blind sight on unsigned Pink SheetsThe role of Candidate and Party Agents at Polling Stations facilitate transparency of the

voting process, and enhances credibility of the election results. One of their observations is to ensure that Presiding Officers sign the Statement of Poll and Declaration of Results Sheets to certify polling station results before they sign also to confirm election results or not with given

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reasons. They have the right not to sign with given reason if Presiding Officers fail to sign and validate the results. This means that affected polling stations with no signatures on the Sheets by Presiding Officers can partly attribute blame to the Party or Candidate Agents because of their observatory role and non – action.

Clustered Bar Chart 3

In Clustered Bar Chart 3, 89% Respondents blamed Party and Candidate Agents for the unsigned Pink Sheets by Presiding Officers in affected Polling Stations. This shows also 11% Respondents who did not blame them but agrees with the 76% Respondents in Clustered Bar Chart 2 that the in-actions of the Presiding Officers was deliberate and contravention of Article 49 (3) of the 1992 constitution.

It is also important to note that Party Agents have to ensure that Presiding Officers sign the Pink sheets to certify the election results before signing their part or not, to confirm or express reservations. This assertion is confirmed by the 89% Respondents who attributed blame partly to the Party or Candidate Agents. On the other hand, 11% Respondents as shown in Clustered Bar Chart 3 did not attribute blame because their roles and duties at the polling stations are without filling of election forms except signing to confirm election results or state reasons for not signing them. It points to the direction of effective training of Party Agents or Candidate Agents in election activities, rules and regulations and provide checks and balances to ensure proper and effective representations and significance of their roles in the electoral system.

4.5.5 Blamed Returning Officers for non - detection and non - action on Declaration of Results Sheets

Clustered Bar Chart 4

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The duties of the Returning Officers permit and enable them to scrutinize the Statement of Poll and Declaration of Results Sheets before finally computation of the Polling Station results. Respondents provided views on the extent of blame of Returning Officers for non – detection and non – action in the event of seeing these irregularities. In Clustered Bar Chart 4, it recorded 91% Respondents who blamed Returning Officers unlike 9% Respondents who did not blame Returning Officers for non – detection and non – action of the unsigned pink sheets.

Since Returning Officers train all Polling Officials, provided them with election materials and scrutinized the Statement of Poll and Declaration of Results Sheets before using them, it was expected that they would have noticed this omission and irregularity at the collation centres and insisted for inclusion but were adamant because of fears and delay in declaration of constituency results. It is probable that their in-actions were for the interest of the peace in their respective constituencies and image of the Electoral Commission. Besides, they could have reported this election anomaly to the Electoral Officers who had oversight responsibility over them.

4.5.6 Blamed Electoral Officers for unsigned Declaration of Results Sheets

The management of election conduct and supervisory role of the Electoral Officers on the work of the Returning Officers was also assessed to determine extent of blame for non – signing of the pink sheets by Presiding Officers (C.I. 75). Besides, the Electoral Officer is the permanent representative of the Electoral Commission for all election related activities by virtue of appointment (1992 constitution: Articles 52 & 53)

Clustered Bar Chart 5

Clustered Bar Chart 5 shows that 87% Respondents asserted that Electoral Officers must be blamed and held accountable for the unsigned Pink sheets unlike 13% Respondents who did not blame them. Even though the Public Elections Regulations 2012 does not prescribe Polling Station activities directly to Electoral Officers, their management and supervising role of all election related activities at the districts make them accountable for the unsigned Pink Sheets. This confirms Goetz & Jenkins 2005 linkage of responsibility to accountability, enforceability and even penalties. The management of all election related activities of the Electoral Officer at the district level has the element of supervision of all temporary staff as election officials. It begins from recruitment, training, assignment to polling stations, handling of logistics, usage of election materials, documentation, conduct of poll, counting of votes, announcement of polling station results and transport of all election materials by Presiding Officers to the collation centre. This makes the Electoral officer accountable for electoral work and responsible for failure to sign the Declaration of Results Sheets by the Presiding Officers.

It was expected that much emphasis on signing the Pink Sheets should have be done during training Sessions. It is clear that reporting relationships among the Electoral Officer, Returning Officers and Presiding Officers contribute to the effective implementation of election rules and

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regulations, processes and procedures and logistics movement, distribution and retrieval. More importantly and an urgent necessity, it is a hierarchical structure and legal requirement specified in all public election laws such as the Public Elections Regulations 1996 (C.I. 15) used in the 1996, 2000, 2004 and 2008 General elections and the Public Elections Regulations 2012 (C.I. 75) used in the 2012 General elections. Any lapse in this reporting relationship would miss the elements of instructional messages, response to urgent situations, interventions and effective supervision and monitoring.

Respondents acknowledged their roles and either wholly or partially assigned blame for the unsigned Pink Sheets. In terms of role comparison, Electoral Officers and election officials were to be blamed mostly for all the election lapses like the unsigned Pink sheets. The blame was also extended to Party Agents who could have ensured the signing of the Pink sheets if vigilant at designated Polling Stations.

It proves the assertion of Goetz & Jenkins (2005) that responsibility leads to accountability of actions and in-actions, and there must be penalties prescribed for failing to answer accountability claims. Though citizens and public pressures can improve the work of election officials as advocated, the onerous responsibility still lies with the players of election conduct to ensure the full implementation of election rules and regulations, process and procedures for achievable goals. This can be achieved along the lines of vertical and horizontal accountability (O’Donnell 1998).

4.6.0. OTHER STRUCTURAL/LAW ELECTORAL REFORMS

4.6.1 Amend Presidential and Parliamentary Election Fees collection to augment Electoral Commission financial base

The increasing cost of election management over the years has either delayed or hampered effective implementation of the Commission’s work at all levels. The year 2012 realized Government’s budgetary support for the introduction of biometric registration and voting. This was big and exhaustive of the national budget and recorded not less than GH¢237,000. In 2014, the entire amount needed for Biometric Voter Registration, Exhibition and Election was $24,205,752, the cedi equivalent of GH¢55,455,377.8. Besides, the increasing numbers of Polling Stations because of the allocated number of Voters per Polling Station makes the payment of allowances to Temporary Staff a difficult task for the Electoral Commission and the government.

Therefore, the proposal to amend Regulation 6 (1b) of the Public Elections Regulations, 2012, C.I 75 in the payment of Presidential and Parliamentary fees to Candidates is meant to augment the financial base of the Electoral Commission. It is expected that these monies will be maintained by the Electoral Commission and used as a supplementary budget to augment its constitutional functions.

Clustered Bar Chart 6

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It shows in Line graph 6 that 65% Respondents believe in the necessity to transfer Presidential and Parliamentary Election fees into the account of the Electoral Commission unlike 35% Respondents. These amounts can be put into an electoral fund that can also help in the education of the public and general publicity of electoral activities. The views of Respondents for the Necessity group vary and are strong because of budgetary constraints but weak because of ability for government to provide monies plus consistent and sustainable donor funding.

This 65% Respondents believes in other provisions like increased budget, increased donor funding and judicious use of resources apart from the reservation of the Presidential and Parliamentary fees for the Commission.

However, 35% Respondents has the strongest view in the government to provide the monies needed by the Electoral Commission to conduct elections in every election year. Besides, the cessation of refund to qualified Candidates of the Presidential nomination fee threshold of 25% of the total valid votes and Parliamentary nomination fee threshold of 12.5% of total valid votes can limit the number of eligible Candidates for General Elections in the electoral system.

Clustered Column Chart 9

The necessity to amend the law is closely shown by the Clustered Column Chart where a total of 1,323 Candidates contested in the 2012 Parliamentary Election and therefore recorded GH¢1,323,000 as total parliamentary fees collected by the Electoral Commission per unit fee of GH¢1,000. Even though Two Hundred and Seventy Five (275) were elected into parliament, a total of 577 qualified for refund of parliamentary fees (GH¢577,000) unlike non – refundable parliamentary fees of GH¢746,000 for the 746 Candidates.

Besides, the total Presidential Election fees of GH¢80,000 from Eight (8) Presidential Candidates in the 2012 Presidential Election could have been a source of revenue collection for

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the Electoral Commission as a state organization. Only the two (2) Presidential Candidates of the National Democratic Congress (NDC) and the New Patriotic Party (NPP) qualified for refund of GH¢10,000 each. These non – refundable monies of GH¢60,000 could be used by the Electoral Commission to enhance its financial base.

It is also argued that the law on District Level Elections be amended to include payment of election fees by Candidates. It is important to note that the 2006 District Assembly election recorded total Candidates of 14,942. Besides, a total of 17,315 Candidates and 45,762 total Candidates were recorded in the 2010 District Assembly and Unit Committee Elections respectively. Monies from Candidates at this level like the GH¢5.00 fee payment for replacement of lost voter I.D. Card can also be used to support the Commission’s budgetary allocation. However, this will require educational and publicity programs to amend the portion of constitutional instrument by parliament.

4.6.2 Increase the Seven (7) Member Management to Ten (10)

The constitutional functions of the Electoral Commission has increased and expanded to cover a wide range of electoral activities such as biometric registration and voting besides challenging electoral issues in the regions. Besides, the three permanent Commission Members comprising the Chairperson, Deputy Chairperson (Operations) and Deputy Chairperson (Finance & Administration) have increasing work schedules at the head office to satisfy all stakeholders, locally and internationally.

CURRENT NUMBER OF COMMISSION MEMBERS – ARTICLE 44

REGIONNUMBER OF

COMMISSION MEMBER

POSITION/ROLE OF COMMISSION

MEMBER

WESTERN 1 COMMISSION MEMBER

CENTRAL 1 COMMISSION MEMBERGREATER

ACCRA & EASTERN

1 DEPUTY CHAIRPERSONVOLTA &

ASHANTI 1 CHAIRPERSON

BRONG AHAFO 1 COMMISSION MEMBERNORTHERN &

UPPER EAST 1 DEPUTY CHAIRPERSON

UPPER WEST 1 COMMISSION MEMBER

Clustered Bar Chart 7

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Cluster Bar Chart 7 shows that 19% Respondents affirmed the urgency to increase the number of Commission Members from its current number of seven to be at par with the ten regions. The argument is that Respondents believe in the performance of Management to handle professionally their respective regions of assignment. This is an endorsement of efficiency and not inefficiency but experiencing complex and difficult election management over the years. Their position shows the need to broaden Management base and ensure fairness in regional representation and achieve greater effectiveness in the management of assigned regions. Besides, the increasing voter population and electoral activities in all the regions support the views of advocates for increase in the number of Commission Members.

However, the Clustered Bar Chart shows that 53% Respondents declined increase of number of Commission Members as a result of ability to perform roles in assigned regions which has culminated in electoral reforms since 1994. Their position suggests a futuristic perspective other than the need for change now.

Besides, the category of Indecision shows that 28% Respondents are tailored more towards the views of the 53% Respondents than the 19% Respondents. It shows also a reflective and futuristic perspective when the expansion become inevitable to meet objectives of the Electoral Commission.

It is argued that the introduction and implementation of biometric technology and other electoral reform measures makes it a necessity to increase the number, if the Commission’s objectives in all the ten regions are to be achieved. It points to a review of Act 451 in an upward adjustment of Commission Members to ten for effective management and achievement of efficient results.

4.6.3 Reduction of Voting Age to Sixteen (16)The purpose of Voter registration and voting from age 18 to age 16 is to reduce the incident

of minor registration and voting especially in the rural areas where monitoring of registration exercises are limited.

Clustered Column Chart 10A and Clustered Column Chart 10B

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In Clustered Column Chart 10A, the views of 15% Respondents is in support of the assertion unlike that of the 85% Respondents. Both Election administrators and Non – Election administrators were in the majority category against this advocacy.

This explains the belief that reduction of voting age to Sixteen (16) is not the best remedy to prevent minors from registering and voting in public elections. Rather it is must be a positive attitude and readiness to obey the electoral laws as specified in the Public Elections (registration of voters) Regulations 2012, C.I. 72 and Public Election Regulations 2012, C.I.75.

In the Clustered Column Chart 10B, reasons given in support of reducing the voting age to Sixteen (16) shows 10% Respondents who advocated for this position because voters at age 16 are matured to make reasonable and justifiable decisions in voting to promote their welfare. However, the Immaturity category of 38% Respondents portray low mental growth to make reasonable electoral decisions and their inclusion would rather increase the Commission’s budget and cost of funding elections in the electoral system. It points to a conflict between the political and electoral actors as a result of budgetary constraints and delays in release of money.

Majority of 52% Respondents did not advocate for reduction of voting age from Eighteen (18) to Sixteen (16) as shown in Clustered Column Chart 10B because minor registrations and voting are usually attitudinal promoted by political parties. Besides, age 16 is considered a vulnerable and immaturity age for young people to understand deep issues for good decision making. This means that the prevailing situation can change if education, publicity and punishment are meted in the electoral system.

However, countries with less than 18 years Voters include Austria, East Timor, Indonesia, Isle of Man, Sudan, and North Korea believe that these teenagers are matured to vote wisely at ages 16 and 17 to elect representatives that will pursue policies and programs to serve their interests and their respective countries at large.

Since the minimum legal working age in Ghana is 15 years as emanated from the International Labour Organization (ILO) 1973, Ghana’s Children Act 1998 and the Ghana Labour Act 2003; Act 651 and Trade Union activities, it affirms the belief that Voter registration and voting at age 16 can contribute greatly to accuracy of the Voters’ register and prevention of minor registrations and voting in public elections but has financial implications with regards to a higher voter population.

4.6.4 Use the Bureau of National Investigation (B.N.I) and the Criminal Investigation Department (C.I.D) of the Police Service to investigate electoral offences

The proposed usage of security agencies like the Bureau of National Investigation (B.N.I) and the Criminal Investigation Department (C.I.D) of the Police Service into the investigation of electoral offenses with legal backing received varied views. Since the electoral process is regulated by electoral laws, the security services play significant roles in investigation and protection. However, this question managed to provide a transparent approach that would benefit the electoral system in a very effective manner to serve as a preventive measure.

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Clustered Column Chart 11

In Clustered Column Chart 11, the inclusion of agents of the Bureau of National Investigation (B.N.I) and the Criminal Investigative Department (C.I.D) to play active parts in the investigation of electoral offences by law recorded a majority of 60% Respondents with given reasons of easy access to information and resource availability. However, 22% Respondents declined inclusion with given reasons for fear of government manipulation and break of Commission’s independence (1992 Constitution: Article 46).

Interestingly, 18% Respondents were undecided on this issue to mean a deeper reflection and later decision in the future. It reveals also the low knowledge base of some Respondents in the work of Security Services in the electoral laws and the 1992 constitution: Articles 200 – 204 & 289 – 292).

Majority Respondents advocated for inclusion of the B.N.I and the C.I.D in an open legal manner to investigate and ensure a clean Voter register and also serve as a preventive measure against the commitment of electoral offences in the electoral system. This was advocated more by election administrators who believed that their inclusion by law would facilitate the adjudication process on the District Registration Review Committee (D.R.R.C) in resolving registrations challenges and exhibition objections handled mainly by the District Magistrates to clean the Voters’ register and make it accurate and credible for public elections.

It is argued that the involvement of security services in the adjudication of electoral offences would be made effective if the inclusion of the B.N.I and C.I.D are justified by law to achieve E.C objectives of crime prevention, enhanced investigations and deterrence through arrests, court prosecution and voter education in the electoral process.

4.6.5 Advocacy for compulsory voting in public electionsWorsening situations in voter turnouts in district level elections require urgent and prudent

measures to solve problems and this makes advocacy for compulsory voting a necessity in public elections to achieve set objectives in the electoral system.

Line Graph 17

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The trend in Line graph 17 shows that two election years each of decrease in voter turnouts of 8.5% and 2.0% in the election years 2002 and 2010 and recorded increases of 6.2% and 2.3% in 2006 and 2015 respectively.

It requires a further step in voter education to ensure full participation of voters or amendment of the law to make it compulsory and attain justifiable results in all public elections and referenda reflective of high voters’ participation.

Pie Chart 3

In Pie Chart 3, the importance of compulsory voting in the electoral system was supported by 72% Respondents unlike 28% Respondents. It reveals the need to improve voter participation and turnouts in General elections and a paradigm shift in the District Assembly and Unit Committee elections to ensure commitment and judicious use of ballot papers.

Besides, this is a threat to the conduct of referenda on any entrenched constitutional matter because political and civil actors can take advantage to manipulate the system to deny 35% voter turnout and 70% of the voters to show approval through the ballot box for implementation purpose. The need to ensure balance in the electoral system where records in high turnouts of 79.43% and 80.01% for the 2012 Presidential and Parliamentary elections but low turnout in District Level Elections should be advocacy for compulsory voting. Its general purpose is to ensure representation by an appreciable number of Voters like the presidency to derive support from majority of the people for developmental programs.

It is also argued that it will ensure judicious use of ballot papers printed according to the number of Voters and ensure cost effectiveness in budgetary allocations and avoid waste of material resources. The non – partisan aspect of the District level election makes it necessary to make voting an obligation to increase voter turnout to an appreciable level.

Besides, this leads to the reality of the preparation and issue of Voter I.D. Cards to only Registered Voters purposely for voting in public elections and referenda. It’s relevance is specified in the Electoral Commission (Amendment) Act 2003 sections 2 (d); to undertake the preparation of voter I.D. Cards and section 12 (1c); the issue of voter I.D. Cards. The argument is that all Voters with given Voter I.D. Cards must vote in public elections and referenda to achieve the purpose of the law as their constitutional right in Articles 42 and 45 of the 1992 constitution. Since its implementation has been perceived to be voluntary, the Supreme Court needs to interpret Articles 42 and 45 of the 1992 constitution taking into consideration the law, its benefit to both the electoral and political systems, and financial implications on the country’s stretched budget and fiscal policies.

Only few countries enforce compulsory voting and include Argentina, Australia, Brazil, Ecuador, Liechtenstein, Luxembourg, Nauru, North Korea, Peru, Singapore, Uruguay and only in the Canton of Schaffhausen in Switzerland usually from ages 18 and 21 to 70. These countries place emphasis on the achievement of political legitimacy and true representations in all national elections through compulsory voting.

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Besides the Bolivian example is worthy of emulation where a voting certificate is given as proof of voting. Failure to vote attracts a fine and failure to pay it within 90 days results in meted punishment as denial of rights to public office, banking transactions and passport provision. It is also important to note that countries with compulsory voting derive their authority either from the electoral law or constitution or both.

4.6.6 Electronic (E) Voting is good for vote count with speed and better accuracyElectronic voting is an intervention in the voting process to ensure the integrity of the election

process and electoral system.Pie Chart 4

The need for electronic voting to enhance logistics transport and management, vote count and speed with accuracy show 38% Respondents in support and 62% Respondents against as shown in Pie Chart 4.

Reasons given by proponents for E – Voting placed emphasis on Credible results and Prevention of violence in the electoral system. The hours of voting beyond the closing time of 5pm, handling of ballot booklets, sorting and vote counting, disputed ballots into the night at some Polling Stations and delays of collated Polling Station results at collation centres and declaration of both Presidential and Parliamentary elections results makes the proposal of Electronic voting an important issue in the electoral system.

This situation is typical of Polling Stations with Eight Hundred (800) Voters and above especially in the cities and urban centres. Even low voter populations in some Polling Stations can experience voter processing delays because there is no law that ensures early voting like 50% voting from 7am to midday and another 50% voting by closing time at 5pm. However, all constitutional instruments on conduct of national elections rather facilitate processing of voters in queue at 5pm even when it is more than 50%.

The malfunctions and breakdowns of a number of the Biometric Verification Devices (BVDS) in the 2012 General elections worsened the prevailing situation even in the rural areas as a result of processing delays of Voters. If this situation recurs in future public elections and referenda, it would discredit the integrity of election results.

Proponents against Electronic voting show expression of fears of high cost, High illiteracy and Fear of manipulation that will be a disadvantage to the electoral system as shown in Pie Chart 4. Respondents’ views show that the country is not ready for Electronic voting now since it has financial implications, illiteracy disadvantage, storage, and maintenance. Security challenges with the fear of poor handling of the Electronic voting machines and vote switching in contravention of voters right are possible as has been associated with high technological countries and well established democracies like the United States of America (U.S.A). A cue from the malfunctions and breakdowns of some of the used 2012 Biometric Voter Registration Kits and Biometric Verification Devices paints a picture of similar expectations in usage

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of electronic machines in voting. Besides, rich countries like the United States of America have had second thoughts with regards to human manipulation and electronic failures that resulted in vote switching and vote rigging.

It is also clear that Electronic voting is good and beneficial to the electoral system if perfection is achieved without problems. The argument further connotes a picture of manipulation that has the ability to change the election outcome and raise legal contentions at the Supreme Court and High Courts. This explains why majority of Respondents advocated for future consideration when all identified challenges and problems would have been managed by higher level technology, experts, voter education, high literacy, booming economy with money and resources with advantage for sustenance and security checks.

Countries with records of Electronic voting in elections include Estonia in 2005, Finland in October 2008, Australia in October 2001, France in January 2007, Belgium in 1991, Brazil in 1996 and 1982, and India which culminated in all 2003 state elections and by – elections held using electronic voting machines (E.V.Ms). Another example is the used 2000 electronic voting machines in the 2005 Bundestag elections in Germany. It is also important to note that the hacking problems in the 2006 voting became identifiable weaknesses to promote and implement additional security measures to ensure protective voting and achievement of credible election results in the future.

4.6.7 Creation of a legal department at the Electoral Commission will ensure a sound legal framework

The legal framework of the electoral system has been shrouded with many irregularities, challenges, offences and limited punishments that tend to weaken existing electoral structures. The creation of a legal department at the Electoral Commission to investigate into electoral laws and critically analyze them for Management’s attention and approval for changes where necessary has been proposed for consideration. The increasing court cases and judicial interpretations against the Electoral Commission are of concern and show a weak and lack of proper understanding of the legal framework.

Line graph 18

Line graph 18 shows that 90% Respondents advocated for the creation of a legal department in the Electoral Commission. This group of Respondents believes that its creation would ensure good data and information on all electoral laws for analysis, and legal interpretations to court cases in the electoral system, and governing laws and protocols of regional blocs of the Economic Community of West African States (ECOWAS), Africa Union (AU) and the United Nations (UN). The Electoral Commission has been associated with many preventable court cases because they are based on conflicts between administrative decisions and constitutionality and legality of electoral work.

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This caused a paradigm shift in the conduct of the District Level Elections in the year 2015 instead of 2014.

It is argued further that Respondents who showed partial support for the creation of a legal department have views on other factors that connect to Temporary Staff training and commitment and ensure a sound legal framework and successes in the electoral system.

However, 10% Respondents selected the Non Effective category. This group of Respondents believes that the creation of a legal department to look into the legal framework is not the answer to the challenges and problems in the electoral system. Rather, they believe in implementation, attitude and commitment of both Permanent Staff and Temporary Staff that has a linkage to motivation through increased salaries and allowances and the general resourcefulness of the Electoral Commission. In addition, it reveals trust in the Judiciary to interpret the constitution and electoral laws to ensure order and sanity in the electoral system.

This depicts a more positive and benefiting role of a legal department to the Electoral Commission. There is a thin line between legal and administrative decisions and the creation of a legal department would place emphasis on the constitutional functions of the Commission, and implementation of constitutional instruments, and acts of parliament to regulate its electoral activities.

Since all electoral and election activities are regulated by the constitution and other electoral laws, then proper interpretations, understanding and guidance will eventually ensure successes in implementation and enhance the face of the electoral system in the country. It will ensure that policy formulation and implementation, and planning of the Commission’s programs and activities would be consistent in implementation without legal tussles and redirection.

4.7.0 STAFF MOTIVATION AND PERFORMANCEStaff motivation and performance ensure effectiveness on the job and achieve efficient results in

the achievement of organizational goals. It is the energy that moves and brings up the best of an employee in the spirit of commitment and rewards. In this regard, Respondents provided views to ascertain the connection of staff motivation to performance and rewards with bearing on the Commission’s work.

4.7.1 Administration of oath of serviceThe administration of oath of service is done in the appointment of Presiding Officers and

Polling Assistants as specified in the Public Elections Regulations, 2012 C.I.75, Regulation 17 (4) before an officer of the Commission and not below the position of a District Electoral Officer. This is meant to ensure commitment to abide by the laws and regulations governing the conduct of the election and faithfully carry out duties in a fair and impartial manner. This ensures accountability of actions and in-actions to promote commitment, credibility and punishment for violation of election rules and regulations.

Pie Chart 5

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To determine the role of the Electoral Commission in ensuring commitment by Temporary Staff in the 2012 General Elections, transparent decisions were approved by 63% Respondents unlike the 37% Respondents. It affirms the importance of the administration of oath of service to ensure commitment and accountability of actions and in-actions. Besides, any omission on the part of Electoral Officers is a violation of the constitutional instrument regulating the conduct of elections. Some of these Respondents had limited or no knowledge about this provision in the law that regulated the conduct of the 2012 General Elections; Constitutional Instrument 75.

On this premise, the omission to administer the oath of service to recruited and trained Polling Officials for the 2012 General Elections must have affected the commitment, actions and inactions as was the case of some Presiding Officers who did not sign the Statement of Poll and Declaration of Results Sheets.

The implementation of the law is a necessity to ensure commitment of Presiding Officers and Polling Assistants in the conduct of elections. Respondents with electoral background attested to its importance unlike Respondents who are not election administrators.

4.7.2 Statement of allowances in the training manualsReward of money is known to be a force in motivation of people to work for the achievement of

high performance and efficient results. To ensure transparency and accountability of allowances of Temporary Staff, and commitment in assigned roles, it was proposed that Training Manuals should have allowances stated to inform them and determine level of commitment of temporary staff before and during elections. This will also give opportunity for disinterested people to opt out early in a timely manner if dissatisfied with specified allowances for the enablement of quick replacement where necessary.

Clustered Bar Chart 9

The Clustered Bar Chart 9 shows that 55% Respondents supported the above assertion of inclusion of allowances of electoral exercises in training manuals unlike the 29% Respondents. The

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No category Respondents believes in reward after work done and this is the safest way to ensure uninterrupted work in assigned roles. Besides, 16% Respondents selected the Fear of low response category to necessitate additional recruitments with serious repercussions on election conduct. This category of Respondents share similar views with those who did not support the above assertion because of non – commitment to duties and achievement of objectives set by the Electoral Commission

Majority Respondents advocated for stated allowances of Temporary Staff in Training Manuals as the best motivational force to ensure commitment of Temporary Staff in electoral exercises. This strong affirmation is based on transparency and accountability, and early knowledge of reward for work to be done than late knowledge of reward amidst confusion and deception, and wrong payment of allowances without uniformity to prescribed roles in different districts.

4.7.3 Electoral Commission should institute a reward system for excellent performance of Temporary Staff

The proposal for the institution of a reward system and assessment structure into the performances and reward of Temporary Staff will ensure commitment in the electoral system. Considering on going electoral reforms and training to achieve organizational goals, there is the need to motivate them well and achieve the best results in service delivery.

Clustered Bar Chart 10

In the Clustered Bar Chart 10, the institution of a reward system for excellent performance of Temporary Staff in electoral work received the support of 79% Respondents unlike 21% Respondents. The former believes that the reward system will be a strong motivating factor to ensure that the electoral principles of commitment, transparency, impartiality and accountability are promoted to achieve organizational goals in the electoral system.

The latter group of Respondents advocates for effective internal and external exigencies like attitude, training, work ethics, early payment of allowances, community cooperation and good security to ensure commitment in service delivery and achievement of best results. Besides, other environmental pressures like political pressure and bribery jeopardize the independence of the Electoral Commission if there is lack of loyalty, patriotism and big financial packages in place for the Temporary Staff.

4.7.4 On the basis of accountability, the supervisory role of the District Electoral Officer should be revisited

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The role of the District Electoral Officer is basically management of the district with regards to all electoral programs and activities that are specified in the 1992 constitution. It involves demarcation of electoral boundaries, registration, exhibition and election exercises that are accountable to the Regional Director. Re – visitation of the role of the District Electoral Officer has become necessary in the midst of electoral reforms and accountability purpose.

Line Graph 19

Line graph 19 shows that 94% Respondents unlike 6% Respondents supported the view of revisiting the supervising role of the Electoral Officer to meet the challenges of the job.

Most of the Respondents are District Electoral Officers with much experience on the job and therefore saw the need to increase their roles for effective management and supervision of their respective districts. However, the views of the 6% Responsibilities believe that the role of Temporary Staff like Registration and Exhibition Supervisors, and Returning Officers would still play active roles in recruitment, training, logistics management and some level of supervision in electoral matters. This would make the supervisory role of Electoral Officers not very functional because of the prescribed roles of the Temporary Staff by law.

Critically most Respondents advocated for greater role of the District Electoral Officer to make them more accountable for their actions and in-actions. It reveals also their views on the achievement of a greater role also in supervision in the achievement of the Commission’s goals to a higher degree in the district under the supervision of the Regional Director.

4.7.5 Electoral Officer is well resourced to perform role and be independent of outside controlsThe effectiveness of Article 46 of the 1992 Constitution is linked to the resourcefulness of the

District Electoral Officer in the electoral system. This means that well – resourced District Electoral Officers are in the best positions to be independent of internal and external controls in the performance of duties unlike not well resourced District Electoral Officers.

Line Graph 20

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Line graph 20 shows that 92% Respondents supported the view of the Electoral Officer being resourced to perform duties devoid of controls. They believed that offices, salaries, accommodation, transport and fuel allocations are enough to make them very effective in their districts and independent of controls that jeopardize the work of the Commission. However, vulnerability and susceptibility to environmental factors like political manipulations are also dangers on the job.

It showed 8% Respondents who argued that the realities of the economy with limited resources in terms of fuel to move from one place to the other in the district, lack of good offices and accommodation are threats to the Commission’s work and goals. This means that the electoral system can be manipulated easily to corrupt District Electoral Officers and breach the in-dependency role through electoral offences like bribery, treating and violation of electoral principles of transparency, neutrality, impartiality and accountability.

Majority of Respondents believed that the District Electoral Officer is well resourced to some extent to fully implement electoral programs, rules and regulations and be independent of controls in the electoral system. This is, however, associated with old districts than newly created districts that must be resourced for the achievement of in-dependency role. It shows also that the progressive policies of Electoral Commission in terms of office, VSAT installations, transport and fuel for District Electoral Officers are appreciable and achieving high performance and in-dependency roles.

4.7.6 Permanent infrastructure in terms of offices and accommodation will improve electoral work in all districts

Permanent offices and accommodation are crucial to the stability of electoral work for Officers in districts. These infrastructural provisions of offices and accommodation to improve electoral work received more positive than negative responses.

Line Graph 21

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Line graph 21 shows that 89% Respondents supported the view for permanent infrastructure of offices and accommodation to improve commitment and motivation of Officers in the district. It affirms the belief that transfers of Officers from one district to the other will be easier and enable them to settle down quickly for enhancement of the Commission’s work.

However, 7% Respondents did not support this view and attributed it to lack of knowledge in the magnitude of electoral work in the districts.

It shows that 4% Respondents admitted their lack of knowledge on the Commission’s policy on Offices and accommodation of Officers in the districts. However, it is clear that the necessity of infrastructural provisions to enhance electoral work is inevitable and achievable.

The analysis confirms its necessity and importance by non – Election Administrators of the Electoral Commission as a good management policy area. This means that the housing policy of the Commission must be improved to ensure that offices and accommodation are readily available even with the creation of new districts. This should be part of the capacity building measures of the Commission to ensure that officers in the districts, municipals and sub metropolitan areas implement fully Article 46 of the 1992 constitution to achieve set objectives of the Electoral Commission.

4.8.0 CIVIL SOCIETY ORGANIZATIONS AND IMAGE OF THE ELECTORAL COMMISSION – ELECTION OBSERVATION AND MONITORING The constitutional functions of the Electoral Commission allows for the media and election observer groups to play their watch dog role in the 4th republic. Election reports from local and international observer groups have given credibility to election results since 1992 in Ghana, the West African sub – region, the African continent and other countries of the world. It has worked hand in hand with media coverage on elections to promote election information, promote peace and quieted tensions to avert violent situations.

4.8.1 Exclusion of Media Personnel as Special Voters by E.C in the 2012 General Elections The category of Special Voters specified in Regulation 21 of the Public Elections

Regulations 2012, C.I 75 is election officials and security services. Attempt to include media personnel as Special Voters was not successful even though their coverage of election activities is similar to the duties of election officials and security services. The Electoral Commission took a strong position in this area to exclude them because the law permits only election officials and security personnel whose duties on election day takes them to far places from their Polling Stations of voting.

Did the Electoral Commission make a good or bad decision in the light of their role for comprehensive coverage of the voting process and all election related activities?

Clustered Bar Chart 11

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Clustered Bar Chart 11 shows 74% Respondents with supportive views on the decision of the Electoral Commission that excluded Media Personnel as Special Voters. This group of Respondents believes in the implementation of the law and not the use of discretionary power by the Electoral Commission. However, 26% Respondents had contrary views because of perceived influence of Media Personnel in the conduct of General Elections.

The argument is analyzed in the light of position of the E.C verses the use of discretionary powers in the implementation of policy areas such as the Public Elections Regulations 2012, (C.I. 75). It points out that the Electoral Commission did no wrong but rather proved to Stakeholders that they uphold the 1992 Constitution and electoral laws in fairness and independent of controls and manipulations from strong actors.

4.8.2 Exclusion of media personnel as Special Voters affected coverage of the 2012 General Elections

The argument is that the exclusion of media personnel as Special Voters affected the comprehensive coverage and information flow on challenging areas of the 2012 General elections.

Clustered Bar Chart 12

The candid views of Respondents recorded 67% in support of the fact that exclusion of Media Personnel affected coverage in the 2012 General Elections as shown in Clustered Bar Chart 12. This group recorded even 5% Respondents with strongest views and joins other Respondents with moderate views to justify the 2012 Presidential Election Petition at the Supreme Court and Eighteen (18) Parliamentary Court cases at the High Courts. It means also that reported challenges and problems would have been prevented greatly by free and easy movement and comprehensive coverage of the media.

However, views of 33% Respondents show that the exclusion of Media Personnel did not affect Media coverage of the 2012 General Elections because they observed and covered Polling stations by their plan and reported on the voting process and election conduct in a comprehensive manner.

It points to the direction of Respondents views about benefits that would have been derived from comprehensive election coverage for timely interventions and aversion of rumours and tensed situations associated with elections. Some of the polling stations with breakdowns of the biometric verifications devices could have been replaced early by the Electoral Commission upon early report by media personnel on sight. This group of Respondents share similar views of the 74% Respondents in Clustered Bar Chart 11.

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4.8.3 Election Results would have been more credible with media personnel as Special VotersRespondents provided deeper views on the assertion that election results would have been more

credible with the inclusion of media personnel as Special Voters.

Clustered Bar Chart 13

Clustered Bar Chart 13 shows that 53% Respondents believed that the 2012 General elections would have been more credible with Media Personnel as Special Voters. The vibrant media and election reportage in the 2012 General elections pointed to the direction of better and improved service delivery, if categorized as Special Voters alongside election officials and security services.

However, 43% Respondents had contrary views where they believed in other factors like the efficacy of the Biometric Verification Devices to ensure the right of the Voter in Article 42 of the 1992 Constitution, crowd control by Presiding Officers and security personnel and role of Party Agents must support media personnel as Special Voters to ensure credibility of elections. Media coverage of past elections recorded also challenges and problems with recurrence in the 2012 General Elections like Unsigned Pink Sheets, poor writings of figures and words in Declaration of Results forms besides hostile environments.

4.8.4 Media Personnel should be included as Special VotersThe challenges and problems of the 2012 General elections that culminated in the 2012

Presidential election dispute for eight months in the year 2013 has gained momentum to include media personnel as Special Voters.

Clustered Bar Chart 14

The strong assertion that media personnel should be included as Special Voters recorded 58% Respondents to express their vital role of election coverage and reportage in the electoral system.

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This epitomizes the assertion that the media is the 4th arm of government, besides the Executive, Legislature and the Judiciary.

However, 28% Respondents advocated for their exclusion to ensure a good electoral environment in the electoral system. These influential factors include the legal framework, performance of the biometric verification devices and security concerns that adjourned the General elections to the next day. Besides, 13% Respondents selected the Undecided category to in reflections and expressions of the role of the media in the electoral system towards futuristic considerations.

Majority of Respondents advocated for amendment of the law to include Media Personnel as Special Voters because of their vital role to the work of the Election Management Body and great impact in the electoral system. Besides, if the American electoral system can broaden the scope of voter participation to include all interested voters as early votes in some of the states, then Ghana’s electoral system can also include the Media on its list of special voters to ensure increased voter participation, observation, coverage and reporting of election activities to the public.

Considering the important role of the media in the electoral system, and its close observatory role and reports as agreed by majority Respondents, this affirms Mark Crispin Millers’ book Fooled Again, The real case for electoral reform that the press must be at the forefront to expose election fraud and set the stage for discussions, debates, fora, research and committees in the electoral system as pertains in other countries.

This position shows contrary views of 26% Respondents against the decision of the Electoral Commission in Column Bar Chart 11, 67% Respondents support for exclusion as affecting election conduct in Clustered Bar Chart 12, and 53% Respondents support would have enhanced the credibility of the election in Clustered Bar Chart 13.

4.8.5.0 ELECTION OBSERVER GROUPSThe role of Election Observer groups has increased from the 1992 Presidential and

Parliamentary elections to the 2016 General Elections. There was initial dominance of international observer groups because of emanation from the revolutionary years of the Provisional National Defense Committee (PNDC) headed by Chairman Jerry John Rawlings. The gradual consolidation of Ghana’s fragile multiparty democracy from the year 1996 to the year 2016 has recorded increasing activities of domestic election groups co named Coalition of Domestic Election Observers (CODEO).

4.8.5.1Assessment of Domestic Observer groupsThe role of domestic election observation spans across the length and breadth of the country.

Ghana has benefited from these elections observer groups whose reports have shaped policy direction for the Electoral Commission and stakeholders in the electoral process. The involvement of the local people with vivid knowledge of the political and electoral systems makes elections observations credible and serves as a support base to the work of the Electoral Commission. Assessment of Domestic Observer groups with regards to election information show more positive than negative responses.

Line Graph 22

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Line graph 22 shows that 98% Respondents supported the view that the role of domestic observers have been effective and contributed greatly to the credibility of elections and electoral reforms.

Reasons for positive information on domestic Observers are attributed to good coverage of Polling Stations with high levels of accuracy and objectivity of data gathering. They show high knowledge of the election environment, and have longer coverage of pre – election activities during and post – election activities, ensures credibility in the voting and electoral process, and transparency. They help the Electoral Commission to identify problematic areas and solutions and provide alternative source of election information. They comprise CODEO, the Electronic and print media such as GTV, TV3, Metro TV, TV Africa, Peace FM, Joy FM Daily graphic, New Times, Free Press, Spectator, and Crusading Guide.

Besides, religious organizations like the Christian Council of Ghana, Muslim Association of Ghana, Faith Based Organizations have made pre – election statements to promote peaceful conduct of elections.

However, only 2% Respondent had contrary views because of perception and alleged partisanship position of domestic election observers.

The Commission on Human Rights and Administrative Justice (CHRAJ) has played significant roles in observing elections. CHRAJ recorded the training and deployment of 335 Observers that observed about 2,000 Polling Stations across the country in the 2012 General Elections.

A critical analysis of perceived strengths and weaknesses show that domestic election observation is necessary in the electoral system. It provides avenues for participation by local observer groups to work alongside the Electoral Commission and make their contributions to enhance credibility of elections and promotion of peace.

4.8.5.2 Assessment of International Observer GroupsThe role of International Observer groups is important to the enhancement of election

observation and impact in the electoral system. They include the Commonwealth Secretariat (CS), the Carter Centre, ECOWAS, the African Union and the International Federation of Electoral Systems. The element of high level neutrality and objectivity make it a toast in election observation.

The Commonwealth Secretariat observed some of the pre – election activities from the 30 th

November through to election days on 7th and 8th December 2012 and were deployed in the Seven (7) of the Ten (10) regions in Ghana.

Line Graph 23

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Line graph 23 shows that 92% Respondents considered the role of international election observer groups effective since the year 1992. It revealed their commitment to the consolidation of Ghana’s fragile democracy through active participation, accepting election results based on verifiable evidence, report writings and recommendations for electoral reform areas.

Given reasons include formalized and well – structured team, effective election observation, provision of fair and accurate election information, bring international experiences to bear in fair and objective conclusions, recommendations in report writings.

However, 8% Respondents assessed international observers’ role in elections as non – effective due to weaknesses like limited time observation and limited coverage areas. Besides, their absence in major pre – election activities like registration of voters and exhibition of provisional registers does not make them appreciate the steps that necessitated certain actions and in-actions during election conduct. This results in broad judgments unlike specific judgments that relate to specific issues.

Weaknesses expressed by Respondents are few and centre on small numbers and unfair distribution of Observers across the country, inadequate coverage areas with city and urban bias that result in unfair assessment and unfamiliarity with the terrain and culture of the environment.

A critical analysis of given reasons show that the work of international election observation has more strengths than weaknesses as its report findings are based on objectivity from eminent and experienced people in the field of election management. Besides, the statements of International Election Observer groups add credibility to the election results and legitimacy of elected representatives.

4.8.5.3 Type of Election Reports with more objectivityElection reports have added more credibility or discredited the process to the declaration of

election results by the Election Management Body. Both Domestic and International Observer groups reveal pre – election and election activities that characterized the electoral system and make recommendations for future elections. They provide beautiful colours of observed election activities that shape policy direction, review and assessment of elections, and provide recommendations for consideration and implementation in the future. Though these election reports are not binding on the Election Management Body, they provide election information that has the tendency to legitimize or not the elected government and Candidates.

Clustered Bar Chart 15

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Clustered Bar Chart 15 shows that objectivity of Domestic election observation reports recorded 20% as the least besides 21% for International election observation reports and a high of 59% for both the two. This is based on the reason that Respondents believes more in the accuracy of information and objectivity of reports than International Observer groups because of familiarity and increased knowledge with local conditions.

Besides, Respondents in support of International Observer groups believe more in the accuracy of information and objectivity of reports than reports of Domestic Observer groups. There is the strong belief that International Observer groups are more neutral, non – partisan, unbiased and impartial in their observations and reports.

The analysis of these assessments indicates that none of these reports in isolation is enough for the Electoral Commission, policy direction and credibility of elections. Respondents demonstrated their knowledge base in election observation to justify the need for combination of ideas based on report writings. They recorded 59% representation as shown in the graph above. They believe that the use of both reports help the Electoral Commission to have detailed information on elections and serve as a source of information bank for future planning, organization, implementation and proposal for electoral reforms. It provides other reasons such as balanced reports and transparency, different lenses of observation, accuracy and objectivity, fair judgment under the principle of in-dependency, neutralizes the partisanship nature of Domestic Observers, touch of class with blend of local and international benchmarks.

A critical analysis of the given reasons show a high pedigree of objectivity and contributions for the complementary role of domestic and international observer groups to shape policy direction in report writings. It put the Electoral Commission on its toes because of identifiable critical issues, and recommendations for implementation of electoral reforms. Some of the electoral reforms in the 4 th

republic have been as a result of recommendations from local and international election observer groups like Coalition of Domestic Election Observer Groups (CODEO) and the Commonwealth Election Observer Group (COG).

4.9.6.0 IMAGE OF THE ELECTORAL COMMISSIONThe good image of every Election Management Body creates an avenue for public confidence to

disseminate electoral information and engagements with Stakeholders. It is tied to the achievement of the organization’s vision, mission and goals through the performance of constitutional functions and implementation of electoral laws.

Monitoring of every organization’s activities is part of the policies that bring effectiveness on the job and achieve set objectives. In elections, it plays a significant role in shaping the image of the

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Election Management Body through consistent interventions, data gathering, report writings and recommendations for policy direction and solutions.

4.9.6.1 Monitors from the Head Office have 50% approval in the final selection of Trainees Monitoring of electoral exercises is an effective management tool to ensure that rules and

regulations are uniformly applied for the benefit of the Election Management Body in the electoral system. The proposal for inclusion of Head Office Monitors was meant to support District Electoral Officers in the proper assessment of Trainees in knowledge base and practical work before assignment to designated centres and polling stations.

Clustered Bar Chart 16

Clustered Bar Chart 16 shows that 23% Respondents advocated for inclusion of Head Officers Monitors to assist Electoral Officers in the final selection of Trainees. This had the purpose of improving and ensuring integrity in the recruitment process. However 50% Respondents did not support this view because they believed that work at the districts needs familiarity and knowledge of the people; traditions, religion and culture, to make good assessments but this is not at the privy of Head Office Monitors. Besides, the presence of Head Office Monitors coupled with busy official schedules makes it challenging to include them fully in a timely manner. It is also important to note that majority of Respondents are Officers in the districts with high knowledge base and experience on the recruitment process.

As a very complex issue for decision making, 27% Respondents selected the Undecided category as a point of futuristic consideration or ignorant about the monitoring policy of the Electoral Commission. Some of these Respondents had no knowledge of the recruitment policy of the Electoral Commission.

Even though majority Respondents disapproved of the inclusion, recruitment process would have to be reviewed to conform to the inclusion of Head Office Monitors if it conflicts with objectives of the electoral Commission.

4.9.6.2 Supreme Court ruling on the 2012 Presidential Election PetitionThe Supreme Court decision revealed the strong application of Prof. A.V. Dicey’s concept of Rule

of Law with the implementation of its Three (3) main components of Supremacy of the law, Equality of the law and the Constitution being as a result of judicial interpretations. The Supreme Court ruling on the 2012 Presidential Election Petition on 29th August 2013 received mixed feelings because of expectations and disappointments. The eight (8) months period was a very crucial moment in the political history and electoral system of the country where analysts, politicians, media personnel, the public and other stakeholders expressed diverse opinions on issues discussed.

Clustered Bar Chart 1774

Clustered Bar Chart 17 shows that 69% Respondents accepted the Supreme Court decision of upholding the declaration of the National Democratic Candidate (NDC) as winner in the 2012 Presidential Election Petition. Major reasons given to support the Supreme court decision include fairness on petition issues discussed, respected the choice of Voters, revealed impact of human and machine errors in the General elections, demonstrated electoral justice and the right of the Voter, judgment based on issues with uniform application of the law without partiality, put the Electoral Commission on its toes, judgment made in the name of national interest, prevented chaotic situation, reduced tension and proposed electoral reforms.

Contrary views show 19% Respondents with a negative perspective who believed that the election issues discussed were strong enough to annul the 2012 election results. Besides, they believed that serious election flaws like Unsigned Pink Sheets and improper records of election figures by Presiding Officers should have resulted in the penalization of election offenders.

Other major reasons for non – support of the Supreme court decision include inaccurate interpretation and definition of over voting, voting without biometric verification, unsigned pink sheets, confused atmosphere because Judges did not emphasize on the constitution and other election laws like C.I. 75, Supreme Court failed to be objective in judgment because they dodged the real issues of the presidential election petition.

A critical analysis of the given reasons emphasized on the votes obtained by Presidential candidates as a result of voting decisions by Voters. The Supreme Court ruling was an interpretation of Articles 45 and 46 of the 1992 constitution that empowered the Electoral Commission to conduct the General elections and declared the Presidential Candidate with more than 50% + 1 votes the elected President of Ghana. However, the 5:4 decision did not show a unanimous decision which admits some level of errors committed during the conduct of poll in line with the stance of the Petitioners. In line with Dicey’s rule of law and national interest, electoral reforms were advocated for increased institutional capacity and conduct of elections.

4.9.6.3 Electoral Commission (E.C) has an image problem after 2012 General ElectionsThe assertion that the Electoral Commission has an image problem, in the aftermath of the 2012

General Elections and Supreme Court proceedings and judgment, are likely to resurface in the many court cases against policy direction in future General elections. This diminishes public confidence in the Electoral commission with adverse effects in the electoral system.

Clustered Column Chart 12

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Clustered Column Chart 12 shows that 90% Respondents confirmed the assertion and perception of the Electoral Commission having an image problem after the 2012 General Elections. They believe that the election issues brought before the Supreme Court and discussed tainted the image of the Electoral Commission. Most of the election areas that contributed to it were the failure of the Biometric Verification Devices to confirm fingerprints of some eligible Voters and the inaction of some Presiding Officers to sign the Pink Sheets.

Respondents believe that the negative public image of the Electoral Commission was heightened by the Supreme Court proceedings, live media coverage with emphasis on the negatives more than the positives.

However, 10% Respondents rejected the assertion that the Electoral Commission has an image problem. This group of Respondents believes that the “so called” image problem was temporary as evidenced in the vindication of the Electoral Commission by the Supreme Court verdict in August 2013.

Reasons given to support assertion of negative public image of the Electoral Commission include the fact that the Presidential Election Petition alone at the Supreme Court diminished the image of the Electoral Commission, exposed deficiencies in the electoral system, heightened public suspicion and distrust, blamed Chairman of the Electoral Commission for inaccurate definition of over voting and his acceptance of non – credible results, inability of the Commission to define over voting and rules compromised, some Officers of the Electoral Commission are partisan, Malfunction and breakdown biometric verification devices, unsigned Pink sheets by Presiding Officers and lack of effective supervisory roles, and media damage through reports of election lapses to the public.

The poor public image after the 2012 General Elections increased during the Eight (8) month Supreme Court proceedings and verdict came close to the level of mistrust in the electoral system. This indeed was the fate that befell the INEC which conducted the transition election (Ninsin 2006:62 – 63). Key political actors and their supporters became deeply mistrustful of the electoral process and the new election authorities faced formidable challenges of building both confidence and credibility.

Reasons given contrary to assertion of poor public image of the Electoral Commission include known observations on clerical errors, trust in the Electoral Commission by Stakeholders to participate in the electoral process, signed election forms by Party and Candidates Agents, past election successes outweigh 2012 Presidential election petition with opportunities to correct

anomalies, and vindication by the 29th August Supreme Court decision.

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A critical analysis of given reasons clearly shows an image problem of the Electoral Commission in the post 2012 election period which heightened throughout the eight months Supreme Court proceedings. This point to the direction of taking urgent measures towards image restoration, through education and publicity and the need for trained Temporary Staff to follow election rules and regulations.

However, the Supreme Court decision that upheld the 2012 declaration of Presidential election results by the Chairman of the Electoral Commission (E.C) and implementation of Supreme Court recommendations plus confidence building measures by the E.C with stakeholders like the Interparty Advisory Committee (IPAC), Civil Society Organizations (CSO’S), Election Security Task Force and international partners have improved greatly the image of the Electoral Commission.

4.9.6.4 Measures that the Electoral Commission can use to regain its lost imageThis involves urgent and drastic measures to be implemented and ensure improvement and

restoration of public and stakeholder confidence in the work of the Electoral Commission and the electoral system.

Clustered Column Chart 13

Clustered Column Chart 13 reveals many variables that are needful to regain lost image of the Electoral Commission. They recorded 20% Respondents for uniform application of the law, 12% for Good Publicity, 16% for Education, 18% for Effective training, 15% for Effective Monitoring, 13% for Courts punish electoral offenders and 6% for Promotion of local and international Observation.

The confidence and capacity building areas selected by Respondents are to be driven by E.C management and objectives at the levels of head office, regional Offices and district offices.

Clustered Column Chart 14

Ranked respondents views on the seven image redemption areas of the Electoral Commission in Column Chart 14 show areas of attention, level of effectiveness and expected impact in the electoral

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system. All these policy areas are good and beneficial but emphasis on the highest to the lowest begins with 20% for Uniform application of the law, 18% for effective training, 16% for education, 15% for effective monitoring, 13% for courts to punish electoral offenders, 12% for good publicity and 6% for the promotion of local and international election observation.

The argument shows that uniform application of the law is the beginning to instill trust and confidence in the electoral system and get the fullest support of stakeholders. Well defined policy areas must necessitate effective training of permanent and temporary staff to uphold the legal framework in transparency and integrity. With knowledge and understanding, the application of Article 45d of the 1992 constitution can be implemented educate the public about the electoral process and its purpose. This must be supported with effective monitoring of the Commission’s activities to ensure effective compliance and results.

It is further argued that electoral justice demanded by all stakeholders should lead to the punishment of electoral offenders to serve as a deterrence in future electoral process and elections. It means that the Electoral Commission must initiate the prosecution of all electoral offenders at the court level for conviction and payment of penalties.

To ensure that the Commission’s goals are achieved, effective publicity measure must be operational to disseminate timely information for education and stakeholder participation. This means that the Electoral Commission must promote local and international election observation and make it friendly in the electoral system in accordance with laws regulating the electoral process. Findings and report writings are to enforce good and effective practices to culminate in electoral reforms as a solution to recurring challenges and problems.

CHAPTER FIVE

5.0 SUMMARY FINDINGS, CONCLUSION AND RECOMMENDATIONThe symbiotic relationship between the political system and the electoral system becomes very

clear in the light of decisions made as a result of recurring challenges and problems even in the implementation of electoral reforms from 1994 – 2016. These summary findings are derived from the rich information, experiences, observations and critical analysis of electoral events of Respondents over the years. These analytical decisions are therefore entry points into the work of the Election Management Body, Policy Makers and relationship with Stakeholders to enrich information and literature acquisition for the achievement of attainable goals in Ghana’s Electoral System.

These findings were derived from major research questions and electoral reforms in perspective. Respondents endorsed the effectiveness of the legal framework in the electoral system with the achievement of credible results. Besides, the ability of the Biometric Voter Registration Kits and Biometric Verification Devices to register and verify Voters in the 2012 General Elections attest to their efficacy and improvement in the electoral system. Assessment of both Training Officials and Reporting Relationships were also credited with transparency and successes over the election years apart from some levels of challenges and problems. In terms of past electoral reforms, Respondents

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acknowledged their improvements in the electoral cycle and affirms its enormous benefits in the electoral system. These were based on decisions of variables advocated for reforming Ghana’s electoral system.

Clustered Column Chart 15

In Clustered Column Chart 15, accepted electoral reforms were endorsed by 52% Respondents, 35% Respondents for image improvement and 13% Respondents for rejected electoral reforms. Specifically, findings show that Sixteen (16) electoral reforms have been enumerated for consideration and implementation in the electoral system. Eleven (11) administrative reforms have also been advocated to redeem the image of the Electoral Commission. They are either new or needs reinforcement in the electoral system. Only four (4) electoral reforms were rejected by Respondents but subject to deeper analysis of stated issues.

5.1.0 ACCEPTED ELECTORAL REFORMS BY RESPONDENTS

5.1.1 Bigger Fine/Longer ImprisonmentBigger Fine and longer Imprisonment for Presiding Officers who fail to sign Declaration of

Results Sheets as required by Article 49 (3) of the 1992 Constitution at Polling Stations where all interviewed Thirty Seven (37) 2012 Presiding Officers in the Upper East region advocated for punishments for future omissions in General Elections.5.1.2 Use of the B.N.I and the C.I.D to investigate into electoral offences

It revealed the role of the security services to serve as a preventive and curative measure of electoral offences in the electoral process. There should be inclusion of the B.N.I and the C.I.D in the registration law, to do an effective investigation and ensure a clean Voter registers’ in the electoral system. It is meant to serve as a preventive measure to would be registration offenders, and facilitate investigative work to arrive at early decisions before the final preparation of the Voters’ register.

5.1.3 Use of biometric verification devicesBiometric technology in the electoral process improves the credibility of elections. Its impact in

the electoral system is big and stakeholders must ensure that users are trained effectively to handle and manage them to achieve the Commission’s objectives. It is meant to enforce inclusiveness through the compilation of data of all voters whose fingerprints are not verified by the Biometric Verification devices. Besides, there is the need to procure more BVR kits and BVDS in the spate of increased voters.

Since the biometric verification devices recorded non verification of voters in the 2012 General Election and 2015 District Level Election and recurred in by – elections, it is prudent and strongly advocated to use Biometric verification devices in exhibition exercises to identify all affected voters for consideration as “Face Only Voters” on Election Day. The importance to the right of the voter in Articles 42 and of the 1992 constitution plus other election laws was emphasized.

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5.1.4 Advocacy for compulsory voting in public elections73% Respondents showed varied agreements of compulsory voting as the solution to ensure

judicious use of ballot papers, increase voter turnouts in all Public elections and referenda, representations based on majority of the electorate and to commitment in the electoral system.

5.1.5 Necessities and importance of publicized recruitment list83% Respondents believed in the law to continue the publication of the recruitment list for

public scrutiny. It reveals their trust in the law to ensure transparency at the recruitment stage which allows for the right recruitment people who can be trained well in their assigned roles. This is in line with the Supreme Court recommendation for effective recruitment policies to ensure that the core values of the Electoral Commission are achieved.

5.1.6 Administration of the oath of serviceIt shows that effective administration of oath of service ensures commitment and accountability

of assigned roles in elections. Advocacy for continuous application of the law is to ensure high commitment level of Presiding Officers and Polling Assistants. It reinforces the need to implement the law to ensure commitment and accountability during training sessions and to emphasize reporting relationships in the electoral system for effectiveness in performance of duties and achieve efficient results.

5.1.7 Statement of allowances in the training manualsAdvocacy for stated allowances of Temporary Staff in training manuals is the best motivational

force to ensure commitment in electoral exercises.

5.1.8 Electoral Commission should institute a reward system for excellent performance of Temporary Staff There is the need for the Electoral Commission to institute a reward system for excellent performance of temporary staff and serve as a form of motivation in the electoral system.

5.1.9 On the basis of accountability, the supervisory role of the District Electoral Officer should be revisited

There is advocacy for greater role of the District Electoral Officer to make them more accountable for their actions and in-actions. It reveals also being representatives of the Commission at the district level to achieve the Commission’s goals.

5.2.0 Electoral Officer is well resourced to perform role and be independent of outside controlsThe District Electoral Officer is well resourced to fully implement electoral programs, rules and

regulations and be independent of controls in the electoral system. Even though newly created districts need to be more resourced, it is also clear that some of the old districts have offices that need renovations, good storage facilities, and modern office equipments for the achievement of the required in-dependency role in performing assigned duties.

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5.2.1 Permanent infrastructure in terms of offices and accommodation will improve electoral work in all districts

There is support for the assertion to improve the work of the Commission in terms of permanent infrastructure of offices and accommodation. It affirms the belief that transfers of Officers from one district to the other will be easier and enable Officers to settle down quickly for enhancement of the Commission’s work.

5.2.2 Amend Presidential and Parliamentary Election Fees collection to augment E.C’S financial base

There is the need to transfer Presidential and Parliamentary Election fees into the account of the Electoral Commission to augment the budgetary allocation of the Commission and improve its role in the electoral system.

5.2.3 Media Personnel should be included as Special VotersThere is the strong assertion that media personnel should be included as Special Voters as a

result of their important role of election coverage and reportage. It revealed that their absence as Special voters in the 2012 General elections contributed greatly to anomalies highlighted in the 2012 Presidential election petition.

5.2.4 Supreme Court ruling on the 2012 Presidential Election PetitionThe acceptance of the Supreme Court decision by majority Respondents reinforced the need to

uphold the 1992 Constitution and administration of justice in the 4th republic. It affirms proposed recommendations as electoral reforms to be implemented.

5.2.5 Creation of a legal department at the E.C will ensure a sound legal frameworkThe study revealed the creation of the legal department at the Electoral Commission. Besides, it

affirms more positive roles in planning and implementation of electoral laws by the Electoral Commission that have practical benefits in the electoral system.5.2.6 Increase electoral education, publicity and monitoring policies

The need to restore the image of the Electoral Commission was endorsed especially in the areas of increased education, publicity and monitoring of the electoral process. This must be based on the 1992 constitution provisions such as Articles 43, 45, 46, 49 and the Electoral Commission Acts 1993 (Act 451) and the Electoral Commission (Amendment) Act 2003 to ensure that objectives for every electoral activity are achieved to enhance public trust and confidence. Besides, court punishments were strongly advocated to make the Electoral Commission proactive and serve as deterrence to all electoral and election offenders. It is expected that budgetary attention and focus are directed also to make the vision and mission of the Electoral Commission achievable with good and satisfying results to all Stakeholders.

Respondents advocated for effective administrative measures to ensure staff motivation and delivery of electoral services that is results oriented and satisfy stakeholders’ expectations.

5.3.0 REJECTED ELECTORAL REFORMS BY RESPONDENTSFour (4) major electoral reforms were rejected by Respondents to reveal and express their

knowledge base and fears of manipulation and financial implications in the electoral system. It reveals also the intent of Respondents with futuristic considerations if required conditions are there for their effective implementation and achievement of set goals and results in the electoral system. It provides also a deeper understanding of the electoral process with regards to the analysis on the law,

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budgetary constraints, technology, security, publicity, and educational improvement in both the political and electoral systems.

5.3.1 Increase the Seven (7) Management Body to Ten (10)It revealed that present conditions do not need increase in the number of Commission Members

to ten (10). This is also linked to the fact that only the three positions of the Chairperson, Deputy Chairperson, Operations and Deputy Chairperson, Finance and Administration have permanent offices at the Electoral Commission, Head Office unlike the four other Commission Members.

5.3.2 Reduction of Voting Age to 16Advocacy for reduction of voting age from eighteen (18) to Sixteen (16) to because minor

registrations and voting was rejected because it is considered attitudinal promoted by political parties. Rather it advocated positive changes of implementation of C.91, where education, publicity, and punishment are meted in the electoral system.

5.3.3 Monitors from the Head Office have 50% approval in the final selection of Trainees. The inclusion of Head Office Monitors in the final selection of Trainees in the districts seem more futuristic than now because of perceptions and assessment of Head Office Monitors with regards to monitoring time and contributions in assigned regions and districts. Besides, some Head Office Monitors are only present during training of Temporary Staff and the main electoral exercise. This is also evidenced that effective monitoring by the Head Office Monitors is, sometimes interfered and challenged with work pressure at their departments in the Head Office.

5.3.4 Electronic Voting is good for vote count with speed and better accuracyElectronic voting is good for vote count with achievable accurate results. It is perceived to be

more futuristic than early implementation in the electoral system even though it has immense benefits in the electoral system.

5.4.0 CONCLUSIONThe study indicates that twenty seven summary findings accepted by Respondents are

expressions of dissatisfaction of past electoral reforms and low impact level in the electoral system. Findings show that four rejected electoral reforms are also indications of satisfaction of past electoral reforms and high impact level, with futuristic considerations when their implementations in the electoral system become inevitable.

It asserts the position of reinforcing the legal framework and machinery to achieve objectives of the Commission in line with constitutional and statutory functions as a contribution to democracy. It means that the electoral system should be awakened to the tenets of the rule of law propounded by Prof. A.V. Dicey (1885). It involves the implementation of registration and election laws, training of electoral officials to perform and excel in assigned roles, commitment and accountability in reporting relationships, election crimes, election monitoring and observation. If the image of the Electoral Commission is to be improved, then all advocated reform areas should be implemented to ensure more transparency, inclusiveness, accountability and professionalism.

It shows an active role played by the Electoral Commission to initiate and implement electoral reforms in collaboration of stakeholders in the 4th republic. The introduction of biometric

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technology is the widely accepted electoral reform area meant to enhance the face of the electoral process, promote integrity and credibility in registration of voters, exhibition of provisional registers, and conduct of public elections. This is a confirmation of Wayman, 2001 that biometrics is significant of enhancing the electoral system to achieve credible results based on accurate voter registration and voting. Though the study acknowledged the importance of biometrics in Ghana’s electoral process, it confirms the assertion of only helping to achieve the objectives of the Election Management Body and not the panacea to challenges and problems in the electoral system.

Staff motivation through administrative and structural reforms and measures would ensure commitment and effectiveness of the E.C in the performance of constitution functions. Financial packages as allowances and rewards for excellence should be management’s practices to motivate permanent and temporary staff in the achievement of Commission’s goals. This would ensure that the in-dependency function of the Commission (1992 Constitution: Article 46) helps to initiate and implement effective policies and programmes. This confirms the assertion of Flippo (1976) and Leslie (1990) that motivation is a necessity in training of staff and achievement of organizational goals.

The symbiotic relationship between the political and electoral systems contributes greatly to policy formulation and implementation of electoral reforms. It confirms the sixteen (16) principles that underpin electoral systems in close partnership with political systems (IDEA 2006:296). If free and fair electoral process is to be attained to culminate in free and fair elections, there is the need for political and electoral actors to continue deliberation and agree on issues at the level of the Inter Party Advisory Committee (IPAC), use reports of local and international observer groups, and findings and recommendations of other stakeholders to ensure positive policy direction and electoral reforms. However, this strong partnership needs further exploration to derive maximum benefits to all stakeholders in the electoral process to attain a positive impact in the electoral and political systems.

It shows a promising electoral system where feedbacks on findings and lessons learnt from evaluation tools can be used to improve the electoral process in partnership with the political system and mutual support of all Stakeholders. Besides, the in depth analysis of data reveal that recurring Presidential and Parliamentary election petitions are inevitable if the electoral system is continually marred by electoral offences beyond the watchful eyes of Stakeholders. In the extreme case, this can lead to heightened conflicts among the political parties and the Electoral Commission, recurring election petitions and possible violence associated with Kenya and La Cote D’Ivoire presidential elections.

Finally, impact of electoral reforms show that the image of the Electoral Commission can be worsened if the electoral system is marred with recurring election disputes and petitions at the law courts, commitment of pre – election and election crimes and lack of prosecution of offenders. Besides, reporting relationships among Electoral Officers, Returning Officers, and Presiding Officers require stringent training and effective supervision to ensure accountability of actions.

On this premise, the Electoral Commission as a stakeholder has a greater role to play and ensure that all stakeholders collaborate and work together to initiate and implement agreed electoral reforms and voter education to ensure public and voter confidence, and image in the electoral system.

5.5.0 RECOMMENDATIONSThe past is a guide to decision making and actions in the present and future for the attainment of

best results. As pointed by Machiavelli, “Whoever wishes to foresee the future must consult the past;

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for human events ever resemble those of preceding times. This arises from the fact that they are produced by men who ever have been, and ever shall be, animated by the same passions, and thus they necessarily have the same results”.

Like the slogan, “There is nothing new under the sun.” The recurrence of events point to the fact that people’s involvement and activities are virtually the same. This makes the rule of law an important step in regulating human behaviour in the political and electoral systems, and usage of no or limited discretionary powers as evidenced by Supreme Court decisions. These recommendations highlight availability of best practices specified in Article 21 of the 1948 United Nations convention in Paris.

Respondents admitted the need to obey the electoral laws to achieve credibility in the electoral process with a positive impact in the electoral system. Dicey’s rule of law then becomes the microscopic and telescopic eye of the legal framework of the Electoral Commission and the enforcement of democratic and fundamental human rights in Chapter 5 of the 1992 Constitution of Ghana. It reveals also the partnership between the political and electoral systems and reform coordination of the legal, administrative and political (IDEA 2006).

5.6.1 2013 Supreme Court RecommendationsThe following constitute Supreme Court recommendations that need urgent attention and implementation to ensure free and fair conduct of elections and results achievement. These recommendations are as a result of systematic and careful deliberations of the major Six (6) areas of the 2012 Presidential election petition

• The Voters register must be compiled and made available to the parties as early as possible. • A supplementary register may cater for late exigencies.• The calibre of presiding officers must be greatly raised up to enhance records of Polling

Station information and specifically signing the Statement of Poll and Declaration of Results Forms known as the Pink Sheets.

• The pink sheet is too elaborate, a much simpler one to meet the pressures of the public, weariness and lateness of the day at the close of a poll. • The carbon copying system has to be improved upon.

• The Biometric Device System must be streamlined to avoid breakdowns and thus avert stress on the electorate in the adjournment of the poll.

• Invalidating wholesale votes for insignificant excess numbers is not the best application of the administrative principle of the proportionality test.

5.6.2 Proposed RecommendationsBased on the analysis and conclusions of Respondents views, in line with stated objectives, we

have proposed the following forty five (45) recommendations and deem it very necessary for both present and future benefits. They reveal IDEA’S structure of electoral systems to correlate with the theory of the symbiotic electoral system model where partnership with the political system portray effective options of structural, administrative and environmental changes as plausible solutions for implementation in the electoral system.

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There is the need for strong institutions like the Electoral Commission, Executive, parliament and the judiciary, National Commission for Civic Education and Commission for Human Rights and Administrative Justice. On this score, the legal framework of the Electoral Commission must be amended to ensure that each region has a Commission Member to manage and achieve the high standard of electoral objectives. This is necessary and important in the light of even majority Respondents rejection of this policy direction. It is expected that the benefits to be derived in the electoral system would outweigh resource implications.

Strong institutions also require a sound legal framework like the creation and functioning legal department to ensure that the constitutional functions of the Electoral Commission is coterminous with the legal framework of the electoral and political systems.

A country with pride of adherence to democratic principles should promote the prosecution of electoral offenders to prevent election violence and crises experienced in Cote D’Ivoire and Kenya. This should be the collaborative effort of the Electoral Commission and stakeholders like security services and the courts of law to initiate and prosecute electoral offenders to achieve electoral justice. It will serve as deterrence, achieve the purpose of free and fair elections, and ensure sanity in the electoral system. Besides, the active roles of the Bureau of National Investigation (BNI) and the Criminal Investigative Department (CID) of the Police Service will ensure speedy investigations and prosecutions of electoral offenders for public good. Biometric registration and voting has become the most important innovations in the electoral system since 2012. The government’s budget for the Electoral Commission must be increased to buy adequate numbers of Biometric Voter Registration Kits and Verification Machines in line with storage, maintenance, distribution purposes and usages. It is expected that the Public Elections Regulations 2012 (C.I.75) would be revised to find alternative measures of verification to enhance voting in the failure of the Verification Devices at Polling Stations. A cue from 2012 voting measures where the Electoral Commission postponed voting to the following day because of malfunctioned verification devices in affected Polling Stations should be critically overturned to ensure the right to fairness in voting.

All contesting Polling Stations should have the allocation of two biometric verification devices for easy replacement to complete processing of Voters as pertained in the 2015 District Level Elections. Besides, there is the need for alternative measures of verification like “face only” in the failure of the biometric verification devices to verify the fingerprints of voters at polling stations. This is to reinforce the right of the Voter in Article 42 of the 1992 constitution.

To enhance further Article 42 of the 1992 constitution, it is also necessary that the Electoral Commission compiles a voters’ register with additional information on temporary and permanent trauma cases to facilitate the voting process and reduce verification delays in elections. Verification Officers would direct Voters to put only fingers whose fingerprints were captured on the Biometric Verification Devices.

The creation of the Deputy Presiding Officer position would enhance the signing of the Statement of Poll and Declaration of Results Sheets (Pink Sheets) by substantive Presiding Officers. This would facilitate team work, replacement and related election activities in all Polling Stations (P.N.D. C Law 284 – Section 6 (1 & 2).

Training of Permanent Staff is a necessity. It is also important that the policy of periodic training must be maintained and serve as good preparation for Electoral Officers to be effective in decision making and produce efficient results in the electoral system.

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Training of Temporary Staff has been consistent, since 1992 to present day, to prepare and equip them with the requisite electoral knowledge and electoral principles of neutrality, fairness and accountability to ensure credible records and electoral exercises. The albatross of partisan, gender, cultural, tribal and religious biases must be minimized through adherence to electoral laws, rules and regulations in the electoral system. The Commission must institute a well – structured recruitment and training policies based on law and not just the traditional way of specified rules and regulations in Training Manuals for type of electoral activity. Judicial precedents from adjudication of election court cases should also be stepping stone to formulate and implement recruitment and training policies in order to achieve the objectives of every electoral activity in the electoral process.

Since the hybrid system of recruitment and training is adopted by the Electoral Commission with diverse categories of people and skills, it is necessary that the electoral principles of neutrality, impartiality, professionalism, fairness, accountability, integrity and independence are inculcated into their training as a check against partisanship stance and fraudulent activities of Trainees. This is very important to the confidence building measures of the Commission.

Besides, major emphasis on training areas like signing the Statement of Poll and Declaration of Results Sheets by Presiding Officers must be part of training policies and programs for both permanent and temporary staff, and also Candidate agents at all contesting polling stations. Article 49 (3) must be emphasized as a constitutional provision with accountability and penalties when violation occurs.

Biometric registration and voting has become the most important innovations in the electoral system since 2012, the government’s budget for the Electoral Commission must be increased to buy adequate numbers of Biometric Voter Registration Kits and Verification Machines in line with storage, maintenance, distribution purposes and usages. It is expected that the Public Elections Regulations 2012 (C.I.75) would be revised to find alternative measures of verification to vote in the failure of the Verification Devices at Polling Stations.

Electronic voting would serve an improved electoral measure in the electoral system. The direction of biometric technology since 2012 serves as preparatory ground to educate the electorate and publicize its benefits in the electoral system. Its usages in registration, exhibition and elections with regards to data capture, personal information and verification is the sine qua non to the adoption of electronic voting in the future when all options have been stretched to the limit. The election bells have begun ringing and will be louder in future when the consideration of electronic voting is justifiable and the country is well educated to accept its implementation for receipt of quick election results. To allay the fears of criminal activities, the example of Germany must be emulated to increase security measures as a check against them.

Electronic transmissions of election results in a big environment are important to enhance transparency and credibility of the election process. The election results must be displayed on a giant screen for public viewing. There must be appropriate security measures in place to ensure that the encrypted election results can only be decoded at the national collation centre. This must correspond to Article 49 (3b) of announcement of Polling Station Results to all peoples after count of votes. This is to allay fears of the public who create an atmosphere of suspicion in change of collated results in the “strong room” of the Electoral Commission. Besides, the transparent electronic transmission of election results from collation centres in the constituencies to the national collated centre is to give opportunity to all stakeholders to know collated results early just like leadership of Political Parties.

Earlier declaration of the Presidential Election Results would promote the enjoyment and sustenance of a peaceful atmosphere during the period before the Chairperson’s declaration of Presidential election results and post – election period. This would also prevent pre – announcement

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of presidential election results by the two (2) big political parties of the NDC and the NPP in their favour prior to the official declaration by the Chairperson of the Electoral Commission. A critical look of the history of some countries in Africa like Kenya and Cote D’Ivoire show that post – election violence was as a result of disputed election results coupled with self – declaration of election results by Presidential Candidates. It is also expected that the legal opportunity of 21 days in Article 64 of the 1992 constitution be pursued to promote peace in the events of presidential election disputes and parliamentary election disputes.

Reporting relationships in supervision, monitoring and accountability to ensure both human and material resources are judiciously utilized in line with objectives of the Election Management Body in the spirit of transparency and fairness of the electoral process. The coordinated roles of the Electoral Officer, Returning Officers and Presiding Officers must be effectively organized to achieve credibility of achieved results in the electoral system. It is therefore important that training of both permanent and temporary staff of the Electoral Commission must be inculcated with electoral principles of neutrality, fairness, professionalism, inclusiveness, accountability, integrity and independent role to escape outside controls by powerful politicians, groups, religious organizations, companies, individuals and Politicians the like District Chief Executives, Parliamentarians, Regional Ministers and opposition parties.

In line with Article 45, the Electoral Commission shall undertake programmes for the expansion of registration of voters. Since Respondents did not endorse the reduction of voting age from 18years to 16years, it is prudent that the Electoral Commission and Political Parties agree on the modalities for continuous registration every year to cushion all young voters who fall into the bracket of 18years after the end of the periodic registration exercise (C.I.91).

The public elections regulations 2012 (C.I. 75) must be amended to include the position of a Deputy Presiding Officer as envisioned in P.N.D.C Law 284 (6). This will have the benefit of close working relationship with Presiding Officers to ensure that all relevant portions of the Statement of Poll and Declaration of Results Sheets are well recorded and signed in accordance with constitutional provisions; Article 49 (3) of the 1992 constitution.

It is also important to ensure that candidate agents have an agent representing them at a polling station through education. However, the legal frame work should make it a requirement for all candidates to have agents at polling stations during the fill of nomination forms. This would be a positive step to ensure that transparency and credibility of the election process and results are achieved.

New electoral laws and innovations require continuous education and publicity to all Stakeholders. This reaffirms the constitutional function of Article 45 (d) where the Electoral Commission shall educate the public about the electoral process and its purpose. This became clear even with some Respondents limited knowledge and information provided on the various aspects of this topical issue; besides other stakeholders and the general public as a whole. Since lack of education and publicity has proved to be the major cause of non – conformity to the law, rules and regulations in the electoral system, the Electoral Commission and other stakeholders like the National Commission on Civic Education, with budgetary support, must work closely in the continuous education of all stakeholders.

The recurrence of electoral offences is a danger to the electoral system and democratic principles in the country. Voter education should enable challenges and objections in peaceful adjudication of cases. The security services should also be on the alert to arrest violent electoral offenders at Registration Centres, Exhibition Centres and Polling Stations taking advantage of fill of Form of Arrest (EL 16) and Form to Search Suspected Persons (EL 17) by Presiding Officers.

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Besides, education on the demand of irregularities forms in electoral activities would lead to the improvement in the work of electoral officials and enhance the image of the Electoral Commission.

The 2007 and 2008 Electoral events of Kenya and Ivorian elections in 2010/2011 that resulted in violence are lessons for Countries like Ghana to have a critical observation of pockets of court cases at the Supreme Court and High Courts to redirect activities in the electoral system. Reforms in the judicial service like Complaints Secretariats and training of judges and lawyers on new electoral laws to facilitate adjudication must enhance the peaceful environments of the electoral and political systems. Besides, countries with successful implementation of electoral reforms like the United States of America (USA), United Kingdom and India are good examples for emulation to achieve a well – structured electoral system that promotes electoral rights, duties and institutions, ensure credible elections, resolution of disputes and settlement of court cases that are acceptable to all Stakeholders in a timely manner.

To check the conduct of the electorate, all security services should be well equipped with election knowledge, and resources to maintain law and order, effect arrests and also respond to volatile situations as done by the Election Security Taskforce (ESTF).

Advocacy for greater role of the Electoral Officer to ensure sanity in the conduct of elections should be well defined by the election laws and regulations. This is because the Electoral Officer is the permanent representative of the Electoral Commission and held accountable for electoral activities, challenges and problems in assigned districts, municipals and sub – metros. Rivalry, challenges and conflicts with Returning Officers would be minimized for effectiveness and efficiency. It is expected that future elections conduct will have clearer and better command structure to promote the objectives of electoral exercises with budgetary support for motivation and achievement of efficient results in the electoral system.

Resources available to the Electoral Officers were admitted by most Respondents to be good and can be better with good and modern offices and facilities. This would enable them perform their roles without breach of independence as specified in Article 46 of the 1992 Constitution. With the creation of new districts, it makes it necessary to increase budgetary allocations to ensure human, material and financial resources for the enhancement of electoral work. This will make transfers easier and acceptable without compromising the integrity of the electoral process in the electoral system. Besides, effective implementation of the Collective Bargaining Agreement will enhance sound working conditions with a positive impact in delivery of credible public elections.

Considering the increasing cost of election conduct and budgetary constraints, the law must be amended to make payment of presidential and parliamentary nomination fees non – refundable to

candidates. If all Presidential and Parliamentary election laws in the 4th republic ensured non – refundable fees to candidates who did not meet the threshold of 25% and 12.5% of total valid votes cast, then the increasing number of candidates would generate money to facilitate the work of the Election Management Body.

The law must be amended for Candidates to the District Level Elections pay non – refundable monies beginning from GH₵5.00 like the proposal for the presidential and parliamentary elections. It is also based on the premise that Candidature is not a singular activity but a group activity with supporters. Alternatively, payment of elections fees by Candidates will minimize the cost of district level elections to reduce the burden of the government and the Election Management Body. A total of 45,762 Candidates were recorded in the 2010 District Assembly and Unit Committee Elections. The big numbers of Candidates who filled nomination forms in quadruplicates equaled a total number of 108,048 nomination forms. This serves as an impetus to institute the payment of fees by Candidates.

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Electronic voting is meant to replace increasing number of Polling Stations from 1,200, 1,000 and 800 and avert high fiscal policies of governments. Voting into the night, and sort of ballot papers and count of votes, filling of forms, packing and transport challenges necessitate new policy direction. Respondents have good basis for rejecting its implementation now in the electoral system because of foreseeable challenges and problems but its consideration and incorporation in the future is inevitable because of population increase and limited financial resources. Ghana can emulate big populated countries like Germany, Brazil, India and the USA in preparation and voter sensitization as with biometric voter registration and voting. It is important to note that biometric voter registration and voting are preparatory grounds to use electronic voting machines.

The Inter Party Advisory Committee, Regional Inter Party Advisory Committee and District Inter Party Advisory Committee as an institution must be stronger to achieve consensus building, reforms and education in the electoral system. All decisions made and agreed by the Electoral Commission and Political Parties during meetings should be replicated at the regional, district and constituency levels to effectively educate members and supporters of new policy directions in the electoral system. This is the only way to achieve set goals in the educational policy of political parties to complement the educational policy of the Electoral Commission in Article 45 (d) of the 1992 constitution.

The activities of Civil Society Organizations like Institute of Economic Affairs, Trade Union Congress, Ghana Journalists Association, Media, and National Commission for Civic Education should be intensified through active interactions and programs to provide additional contributions in the electoral system besides the Electoral Commission and Political Parties at the Inter Party Advisory Committee (IPAC). The invitation and incorporation of Party representatives and Civil Society Organizations in the 2014 Adjudication Committee at the Head Office on Multiple Registrations is a step in the right direction to improve upon transparency and information on electoral activities.

There is the need to broaden membership of the Inter Party Advisory Committee (1PAC) to include Civil Society Organizations (CSO) to enhance collaborative ideas and information that will ensure successful implementation of electoral reforms in the electoral system. This will also bring electoral reforms to the door steps of the general public who are either the beneficiaries or losers in the electoral system. The new structure of Advisory committee must have a new name to reflect defined broad membership and functions. The Electoral Commission Act 1993, Act 451 section 7 allows the formation of committees to include civil society organizations whose contributions would be beneficial to the work of the Election Management Body as implemented in the 2014 Adjudication Committee in the de – duplication process on decisions of multiple registrations.

There is the need for the Electoral Commission to adhere to its election calendar for the year to promote transparency, and facilitate planning and participation by all Stakeholders. These time lines must also be facilitated by good, adequate and release of budgetary provisions by the government for the election year and not in bits and pieces. The harmony between the political and electoral systems of the country should be enhanced through early formulation and implementation of electoral laws in accordance with the ECOWAS protocol of Article 2 on democracy and good governance that makes modifications of electoral laws only six months before the conduct of national elections. Besides, voter education of early complaints and adjudication of electoral disputes by stakeholders must be encouraged to ensure uninterrupted election calendar year.

Furthermore, the Electoral Commission can institute two days of voting to enable the implementation of the right of the Voter in the future when the electoral system experiences increasing number of Voters into the night. This would relieve tiredness and stress on Polling Officials that has the potentiality to discredit the voting process and change the election outcome. It is therefore expected that all registered political parties fulfill Article 55 (7b) to have party offices in

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all the ten (10) regions and also organized in not less than two thirds districts in each region. This is to conform to Article 55 (4&5) where political parties are formed to reflect a national character and memberships devoid of ethnic, sectional, regional and religious divisions.

In addition the unity of the country must be facilitated by broad based political parties with internal organization that conform to democratic principles in terms of successions, meetings, deliberations, information flow and education of their members and supporters of the process and procedures of the electoral process and electoral reforms.

Political Parties activities must increase to bring democracy to the doorsteps of the public in accordance with the Political Parties Act 2000, Act 574 and Article 21 of the 1992 constitution. It must emphasize on democratic internal organization of activities such as election of leaders, periodic meetings and establishment of party offices to enhance party activities and meetings with members and the electorate. It must also emphasize on fundamental human rights, and freedoms of speech and expression, assembly, association, and movement.

Besides, the institution of an electoral college with electors by Political Parties is a major solution to Ghana’s electoral system in the future when the voting population and elections resources are stretched beyond the government’s budget and international election funding. This number can be increased to include a representation of all Independent Candidates in the election year that will also elect the President and parliamentarians for a Four (4) year term and replicated in other public elections like what pertains through the popular vote system.

It is also important to note that the Electoral College will be filled by a progressive system of national funding of Political parties that correlates to party strength and number of Political Party offices as major determinants. The total number will go beyond the regions, districts, constituencies to reflect the total number of electoral areas and units in the country. This means also that there must be an amendment to Article 55 of the 1992 Constitution that will have a fixed number of Political Parties to augment planning, funding and operational purposes.

The political parties already comply to the perpetual succession law with focus on delegates to vote in Presidential and Parliamentary Primaries. These electoral colleges are being expanded and could serve as a springboard and preparation towards the usage of national electoral colleges in public elections to elect the president, parliamentarians, assembly members, unit committee members and referendum as matter of national interest.

It is also important to note that Ghana’s electoral system takes a cue from the electoral college of two representatives from each district, nominated by the District Assemblies, to elect one regional representative to the Council of State as specified in Article 89 (2c) of the 1992 constitution. There is therefore the need for further research and studies on the importance and necessity of electoral colleges to facilitate election conduct in Ghana’s electoral system. Since this is futuristic, research work and analysis on human, material and financial resources should be done in comparison with countries with big voter populations for attainable best results for the electoral commission, government and public consideration.

Even though most Respondents did not advocate the use of Head Office Monitors to have 50% approval of recruited Temporary Staff, the monitoring policy of the Electoral Commission must be promoted by well – trained Monitors at the Head Office, Regions and Districts to ensure effective implementation of the Commission’s programs. This tripartite system of monitoring must be effective in performance to achieve efficient results. These electoral reports with collected data and information must be the basis for Management in decision making to enhance policy formation and ensure that the Electoral Commission becomes very responsive to the challenging needs of the electoral system.

Considering the media as the 4th arm of government and important role in both the political and electoral systems of the country, the legal framework should promote their observatory and reporting role than limit them. They

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should be added to the list of Special Voters like election officials and security services. Their inclusion will enhance full media participation as voters and professionals in coverage and reporting of election conduct and its related activities in the electoral system.

Attractive election observation policies are a necessity by the Electoral Commission to educate, train and support them in election coverage. The presence of both local and international Observer groups in the observation of the electoral process has been beneficial to the electoral and political systems and should be maintained. As long as their presence and observatory activities are not detrimental to the electoral process, institutional and legal frameworks should promote observations for accurate electoral information and recommendations from report writings to ensure more transparency and achievement of credible elections. Besides, it has the added advantage of aversion of electoral and election violence.

It points to the direction that effective election coverage and reporting should place local observer groups in the category of media personnel as Special Voters. Besides, early voting would ensure a learning and preparatory process to effective election observation. This would also reduce the number of Voters and thus avert long queues on the main election day.

The benefits of past electoral reforms over the years must be progressive and not retrogressive. The wind of electoral reforms must blow within the Election Management Body and the broader perspective of the electoral system to boost up democratic principles with the conduct of free and fair electoral processes.

This epitomizes the urgency to implement proposed electoral reforms and ensure a sound electoral system especially when past electoral reforms have succeeded because of the flexibility of

Article 51 of the 1992 Constitution of Ghana. The 29th August 2012 Supreme Court verdict to uphold the 2012 Presidential Election result was also tied to implementing recommendations to ensure a sound electoral system that will facilitate the promotion and conduct of free and fair elections.

The main issues raised at the Supreme Court seemed to be more administrative lapses than structural in nature and therefore recommends that the Electoral Commission must do a clean – up exercise to ensure that no recurrence of the problems. It is also important that transparency of electoral programs and activities is encouraged and monitored internally by the Research, Monitoring and Evaluation Department of the Electoral Commission. Besides, all electoral activities will become known to the major Stakeholders and the general public through partnerships, education and publicity with benefits like effective planning and state of Polling Stations used in public elections in every election year. Therefore the Electoral Commission must adhere to electoral timetable for every electoral year without making major changes.

Countries like Kenya and India have impressive electoral reforms that has averted violence and promoted peaceful electoral and political culture. Even more Ghana has the potential to build and soar higher in the implementation of electoral reforms with the active involvement of all Stakeholders

in consensus building especially when the political system promote rule of law, human rights and democratic principles.

Government has a greater role to fund electoral programs of the Electoral Commission to promote political will. The trend of international funding to support government funding is good but not sustainable. Besides, over dependence by government can reduce budgetary allocations. Monitoring of electoral programs by donor countries and organizations can be misconstrued as manipulation of the Electoral Commission with dire consequences. It is expected that strong political

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will ensure sustainability funding of electoral programs and make effective the independency role of the Commission as specified in Articles 45 and 46 of the 1992 constitution.

Proposed electoral reforms are structured to make the electoral system better and this highlights the importance that rejected electoral reforms should be further researched and reconsidered in the future if identified electoral challenges and problems keep recurring with damaging effects in the electoral system and to the country’s democracy.

In a free democratic country with adherence to the rule of law, and the promotion of fundamental human rights and liberties in the 1992 Constitution, Stakeholders in the electoral system must put their weight behind proposed electoral reforms, which are also in line with the Supreme Court recommendations, for their implementation and achievement of free and fair public elections. There is the need to promote and increase electoral and civic education, and publicity to make the effective implementations of C.I. 72 and C.I. 75 results oriented as specified in Articles 45 and 233 of the 1992 constitution. The assertion is that recurring court cases with the electoral process at both the high Courts and the Supreme Court are signs of weaknesses in the electoral system. Rather unquestionable electoral process by actors in both the electoral and political systems because of uniform application of the law and punishment of electoral offenders to enforce the laws are signs of strength and progression that creates an atmosphere of peace and satisfaction for Stakeholders.

In the judgment of the Supreme Court in 2013, the Presiding Justice of the Supreme Court Atuguba stated,

“Indeed the 2nd petitioner for and on behalf of all the petitioners, testified that the first respondent did no wrong with regard to the conduct of the elections but was merely the beneficiary of the alleged malpractices, irregularities and violations.”

This is a clear indication that election irregularities and problems if not put to check will eventually benefit certain Political Parties and Candidates and thus diminish the electoral principles of free and fair elections, transparency and accountability of the Electoral Commission and all election officials. This epitomizes the fact that all Stakeholders must be actively involved in the electoral process to ensure a good and serene atmosphere that enables full compliance of the rules and regulations in a fair manner. The legitimate interests of Stakeholders vary but there must be a well – coordinated approach to inculcate their valuable contributions and achieve election results that are credible and acceptable to reflect the choice of the electorate. On this premise, the Media and Security also have a crucial role to play and ensure that irregularities and problems are brought to light for quick interventions and solutions.

It is evident that proposals for Ghana’s electoral reforms are either to correct recurring anomalies or strengthen existing laws, rules and regulations, processes and procedures. Besides, some of the proposed electoral reforms have futuristic demands that will be implemented if the conditions are ideal, necessary and urgent for public attention and consideration. The choices should, however, be beneficial and timely to enhance the state of the electoral system just as laws are made to regulate human behavior and conditions for societal, local and international benefits within the political system. Confidence building measures would provide a facelift with all stakeholders and acceptance and support of electoral reforms. Rebuilding the image of the Electoral Commission to have confidence locally and internationally is of importance and necessity, and these proposed electoral reforms will achieve the target.

Twenty Seven (27) electoral reforms are being undertaken by the Electoral Commission. The potency of Article 51 of the 1992 Constitution makes the electoral system flexible to correct election anomalies and also adapt to innovations and reforms as was with C.I. 72 and C.I. 75. In tandem, the new public elections regulations 2016, C.I. 94 has solutions to recurring challenges in the electoral system. They include the following key areas that signify collaboration of stakeholders at the Inter Party Advisory Committee level to support accepted electoral reforms and recommendations.

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Improved and simplified Statement of Poll and Declaration of Results forms for easy filling. Detailed duties of Returning Officers to enhance management, transparency, neutrality and

credibility of the election process in all constituencies with regards to logistics and collated results.

Provision for manual verification in the event of BVD failure to verify Voters as a result of increasing numbers of non – verified voters in all the ten (10) regions between the years 2012 and 2016.

Improved procedural approach by election officials to adjourn polls during disruption of poll by natural disasters and violent incidents.

Specific offences for both electoral officers and election officials who violate the regulations. Special Voting for specific groups like election officials, security personnel and media personnel

accredited by the National Media Commission.

Since the electoral system is dynamic and results oriented, reforms will be promoted to achieve the best electoral process and procedures that will culminate in the best election results acceptable to Stakeholders. This proves the point that reforming Ghana’s electoral system is inevitable in the wake of electoral challenges and problems that need urgent attention and solutions. Besides, electoral reforms with future considerations point to the direction of systematic and strategic ways that can easily be cushioned by the flexibility and friendliness of the electoral system. Indeed electoral reforms are a process and not an event and are coterminous with political reforms.

The 1992 Constitution makes election conduct the beneficiary of the practice of democratic principles. Article 35 (1) states: Ghana shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of Ghana from whom Government derives all its powers and authority through this constitution.

These proposed electoral reforms are also in line with the belief of Abraham Lincoln; Democracy is the government of the people, by the people, for the people (1809 – 1865). Since power is vested in the people to elect governments and representatives, the electoral system must promote and accommodate electoral reforms to ensure the conduct of free and fair elections with mutual satisfaction of all Stakeholders.

However, reforming Ghana’s electoral system cannot be done in isolation because it is functional within the political system. This symbiotic relationship with its attendant variables must be harnessed and promoted to achieve both political and electoral reforms that are sustainable in the political system and electoral system respectively. The symbiotic model of electoral reforms is a call for further research into the expected cordial relationship between the political system and the electoral systems, political reforms and electoral reforms.

The new five (5) year development plan in 2016 are capacity and confident building measures to revamp the Electoral Commission, and is a step in the right direction undertaken by Management in the implementation of electoral reforms and institutional reforms. Since it is associated with enhanced vision and mission, institutional reforms and redefined values within the electoral and political environments, it is expected that the Electoral Commission would be in a better position to play its constitutional functions and apply other electoral laws for sustainable results acceptable to Stakeholders.

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5.6.3 REFERENCES Abraham Lincoln: 1809 – 1865 Adam Berinsky (Massachusetts Institute of Technology) – The Perverse Consequences of

Electoral Reform in the United States: 4, 10 –11 Afari-Gyan, Kwadwo 1995 – Highlights of the Electoral Commission History. Alan Renwick: The politics of electoral reform: Changing the rules of democracy Alexander K. D. Frempong (2007) – Innovations in Electoral Politics in Ghana’s fourth

Republic: An Analysis Ayee 1998: 54 Civil Service Law 1993 Colloquium on African elections 2005 Commonwealth Observer Group Report 1992: 62 – 63, 2012 Criminal Offences Act 1960, Act

29 as amended up to 2003 Courts Act 1993, Act 459 Criminal Offences (Amendment) Act, 2012 Act 849 Cultural Explanations of Electoral Reform: A Policy Cycle Model:15, Norris Pippa 2010 Daniel Packel – Local Governance & Accountability Series Paper No. 3 2008:16 Electoral Institutions and Local Government Accountability: A Literature Review Egwu Kenenna, Effects of Training and Development on Performance: A Case Study of the Independent National Electoral Commission Nigeria ECOWAS – December 10, 2012/African Press Organization (APO)/Preliminary Declaration ECOWAS Protocol on Democracy and Governance: Article 2 Electoral Commission – 2004 List of Parliamentary Court Cases Electoral Commission – 2008 List of Parliamentary Court Cases Electoral Commission 2012 List of Parliamentary Court Cases Electoral Commission – A Guide to Candidates and their Agents Electoral Commission 2012 Parliamentary Election Gazette Electoral Commission – Elections Statistics Electoral Commission – Framework of Domestic Election Observation Electoral Commission – Proposed Electoral Reforms by Political Parties and Civil Society

Organizations Emmanuel Debrah, 2015 – Reforming Ghana’s Electoral Process: Lessons and the Way Forward Five Year Development Plan of the Electoral Commission, Ghana: 2016 – 2021 Friedrich Ebert Stiftung: Managing Election - Related Violence for Democratic Stability in

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