CI 89 is still unconstitutional: Afenyo Markin

Mr Alexander Afenyo-Markin, Member of Parliament for Effutu, has described as unconstitutional, the current transfer of votes by the Electoral Commission (EC).

He explained that, according to the law, the EC could only transfer votes within 42 days to an election.

Contributing to the motion to adopt the report of the Committee on Subsidiary Legislation on the coming into force of Constitutional Instrument (CI) 89, the Effutu MP observed that in spite of the existence of the law, the EC went ahead to transfer votes of some voters during the recent registration exercise when CI 89 was not in effect and when a date for the district level elections had not been fixed.

To the knowledge of The MP, the 42 day provision in the law had not been repealed.

Mr Afenyo-Markin, who was the counsel for Mr Benjamin Eyi Mensah, an aggrieved prospective assembly member in Winneba, who filed a writ at the Supreme Court, seeking a declaration that the opening and closing of nominations by the EC before the coming into force of CI 85 was unconstitutional.

He drew attention to recent Supreme Court, pronouncements on the CI 85 matter, and called for a respect of the law by the EC and wondered why the EC would engage in another illegality a few months after the court ruled on that matter.

Turning the spotlight on CI 89, the Effutu MP expressed the hope that every candidate would be given the opportunity by the EC to participate in the election.

He urged the Commission to limit activities with regard to the elections to working days, adding that, Saturday and Sunday, according to the country’s laws, were not working days.

Members voted unanimously in favour of the adoption of the report of the Parliamentary Select Committee on Subsidiary Legislation.

The report, signed by the Chairman of the committee, Mr Osei Bonsu Amoah, said CI 89 did not contravene any provision of the 1992 Constitution and the Standing Orders of Parliament.

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