The law meant to regulate the conduct of this year’s District Assembly elections, Constitutional Instrument (C.I) 89, will come into force tomorrow, June 10, 2015, Kasapafmonline.com has learnt.
This is to give legal backing to the Electoral Commission (EC) to go ahead and fix a date for the holding of the district level elections after months of dispute in organizing the event.
The District Level Elections Regulations, 2015 (C.I. 89) was laid in Parliament on March 20, 2015 and gazetted on the same day.
It would, however, exhaust the 21 sitting days required by law to mature tomorrow, June 10, 2015, after it was presented to the House by the Minister for Lands and Natural Resources, Nii Osah Mills on behalf of the Minister for Local Government and Rural Development, Alhaji Collins Dauda.
A report of the Parliamentary Select Committee on Subsidiary Legislation on the District Level Elections Regulations, 2015 (C.I.89) signed by its Chairman, Osei Bonsu Amoah and distributed to Members is recommending the CI to come into force at the expiration of 21 sitting days as provided for under Article 11(7) (C) of the 1992 Constitution.
The constitutional provision stipulates that “Any order rule or regulation made by a person or authority under a power conferred by the constitution or any other law shall come into force at the expiration of 21 sitting days after being so laid unless Parliament, before the expiration of the 21 days, annuls the order, rule or regulation by the votes of not less than two thirds of all Members of Parliament.”
The Electoral Commission postponed the District Level Elections, which was originally scheduled for October 2014 to March 2015.
Prior to that, the District Electoral Areas and Designation of Units Instrument, 2014 (C.I.85) which was laid before Parliament on Friday, November 21, 2014, was to come into force on Monday, December 22, 2014.
However, ahead of the entry into force of C.I.85, the Electoral Commission had opened nominations of candidates for the District Assembly or Unit Committee elections.
The nominations were closed on Sunday, December 21, 2014, a day before the regulations came into force.
An aggrieved candidate for the elections, Benjamin Eyi Mensah, filed a suit at the Supreme Court, seeking, among other things, a declaration that the opening and closing of nominations for the elections prior to the entry into force of the regulations was unconstitutional.
Subsequently, the Supreme Court unanimously held that the opening and closing of the said nominations pending the entry into force of C.I.85 on Monday, December 22, 2014 was unconstitutional.
The Supreme Court insisted that by virtue of Article 51 of the 1992 Constitution, the Electoral Commission is mandated to specifically make regulations for the District Level Elections.
Therefore, the Electoral Commission could not rely on the Public Elections Regulations, 2012 (C.I. 75) to conduct the District Level Elections.
Following the Supreme Court decision, the Electoral Commission caused to be laid the District Level Elections Regulations, 2015 (C.I.89) on Friday, March 20, 2015.
Under C.I.89, the Electoral areas specified in the District Electoral Areas and Designation of Units Instrument, 2014 (C.I.85) constitute the electoral areas for the purposes of elections to the District Assembly for the district concerned.
C.I.89 also provides for the nomination of candidates for District Assembly or Unit Committee elections.
By: Kasapafmonline.com/Ghana
