Former Attorney-General and Minister for Justice, Joe Ghartey has suggested that the legal system of Ghana should penalize individuals or Political Parties who submit frivolous or baseless election petitions.
According to him, the move will discourage the misuse or abuse of legal mechanisms related to elections that lack merit, based on trivial or negligible grounds, that are presented with due seriousness.
The former Presidential Aspirant of the ruling New Patriotic Party, said this when he was speaking as a Guest Speaker on the Constitution Day – Public Lecturer organized by One Ghana Movement on Monday.
He expressed that “Today another rising phenomenon is going to the Supreme Court with an election petition after a Presidential election and to the High Court after a Parliamentary election. We must be careful so that we don’t create another level of electioneering”.
“I am of the view that where there is no basis for a petition the court before which the matter is should mulct the Petitioners in heavy and punitive cost. Where there is no basis whatsoever for the election petition and it was filed in bad faith the court should punish the Petitioner for embarking upon such a journey. Such a person should also be banned from holding public office for a period” he added.
Joe Ghartey also urged Ghanaians to avoid violence in every election by condemning it at all costs.
According to him, “Violence they say begets violence and it should be completely taken out of our body politics. I am of the view however that election violence is on the decrease, not the increase. Pre-election and post-election violence were the order of the day in such places”.
The former Minister for Railway Development explained “This is no longer the case as a general rule and violence does not occur as a rule but rather as an exception. This is because of the deepening of democracy and the concept of a no-go area for a political party is fast eroding”.
Addressing the gathering which was attended by Dr. Afari Gyan, the former Electoral Commission Boss, he noted “Unfortunately, there is a marked increase in disrespect for other candidates within the body politic. For some candidates the way to the top is to destroy the other candidate with lies and insults”.
” This is inter-party as well as intra-party. People are creating “monsters”. It is alleged that people pay others to create lies about others which they promote on social media and other platforms” the MP for Essikado/Ketan noted.
Joe Ghartey continues that the surprising thing is that when you confront some people, they tell you it is politics. When did politics equate lying and vice versa? Even though we have rules to deal with defamation both under customary law and under common law perhaps this business of pure lies and insults is so serious that the Law Reform Commission should look at crafting special laws to deal with it”.
Mr Joe Ghartey was of the view that the sanction he proposed must include banning the person who is sponsoring or perpetuating the lie or insult from holding public office.
He added “We must take this seriously because this growing trend can undermine our democracy. Heaven forbid but look at what happened in Rwanda. We say that when you see your brother’s beard burning you fetch water if yours starts burning too”.
He said “Closely related to lies and insults is the problem of making promises. In the desperate bid to get political power be careful not to promise what you cannot deliver. I made it a point not to make wild promises during an election campaign”.
The former Second Deputy Speaker of Parliament noted that ‘Another matter that should occupy our attention regarding elections is campaign financing. It is within this broader context that I want to consider vote buy. Uncontrolled political fund-raising and spending can undermine the democratic process and erode the confidence of the electorate in political institutions”.
He added “Campaign finance raises fundamental ethical questions for democratic regimes. Most often, debates about campaign finance revolve around the protection of freedom of expression and the prevention of corruption, two democratic principles that can enter into conflict with one another”.
” On the one hand, jurists have often considered financial participation in a campaign (either through donation or spending) to be a form of political expression that must be constitutionally protected from censorship. On the other hand, it is generally agreed that regulations and limits can justifiably be placed on campaign finance to prevent” he noted.
The MP for Essikado/Ketan further suggested “Should we not spend a little more time as a nation looking at the whole issue of campaign financing? Can we limit the cost of our elections? Must the State provide some basic funding? What punishment should be meted out for breaking laws on campaign financing, including vote buying? In my view, these are serious matters which need further consideration to protect the integrity of elections”.
Source: Peacefmonline.com
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