The Chairman of the Constitutional Legal Affairs Committee has said the request by the Presidential Candidate of the National Democratic Congress (NDC) for an audit of the 2020 election result is unconstitutional.
According to Ben Abdallah Banda, the country’s law per Constitutional Instrument (C.I) 127 indicates the Electoral Commission (EC) cannot change a verdict after declaration.
The CI 127 which stems from Article 151 of the law, comprises regulations employed in the conducts of the 2020 general election, he said.
Speaking on Joy News’ AM Show Wednesday, Mr Abdallah observed such a move will create a very bizarre situation as the EC, under the country’s law, can do nothing about the verdict even if the audit is done.
“So what the former president (John Mahama) is calling for is not sanctioned or supported by either the constitution, not sanctioned by either Ci 127 which was used in the conduct of the just-ended general elections,” he said.
John Mahama in an interview with international media, Voice of America (VOA) Tuesday, stated that he would only accept the EC’S verdict after having an independent forensic audit of the results.
But Mr Abdallah opined that “assuming the forensics audit had been conducted and the results state otherwise, [contrary to the current verdict of the EC] is the EC going to go back to declare somebody else as having won the presidential election,” he added.
The Offinso South MP further explained that an audit of the results can only be directed by the country’s apex court.
“As it was done after the 2012 elections when the NPP took the matter to the Supreme Court.
“This can only be done or ordered by the Supreme Court which has the exclusive jurisdiction to determine whether a person has been validly elected as the President or not,” Mr Banda stated.
He explained that the EC correct figures after declaring a verdict but cannot do an amendment in case an audit proves the verdict wrong because the change in figures did not affect the verdict.