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Ghana Decides 2024: 2 reasons constitutional rule may be under threat again

Should Ghanaians be expecting military rule anytime soon?
2 reasons constitutional rule may be under threat again
2 reasons constitutional rule may be under threat again

On 6 March 1957, Ghana gained independence from its British colonial rulers. On Wednesday, 6 March 2024, the nation celebrated its 67th anniversary of independence.

However, it is worth noting that, strictly speaking, Ghana has not been a republic for the entire 67 years of its independence. A republic is defined as a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.

Ghana has technically been a republic for approximately 42 years. From 1957 to 1960, the country, while independent, remained under British rule, with the late Queen Elizabeth II serving as Head of State and Dr. Kwame Nkrumah as Prime Minister.

In 1960, Ghana transitioned to a republic, but the following 22 years were marked by military dictatorships, during which democracy and the rule of law were sidelined. This continued until Jerry John Rawlings, a former military leader, ushered in constitutional rule and the establishment of the Fourth Republic.

Since the advent of the Fourth Republic, Ghana has held 16 democratic elections and seen five presidents take office. This democratic stability has earned Ghana the reputation of being the "beacon of democracy and political stability in Africa."

However, this hard-won title faces growing challenges, particularly stemming from events during Ghana's recent elections. The conduct of both the 2020 and 2024 general elections has raised concerns about the potential erosion of the country's democratic principles and rule of law.

Electoral Commission Under Siege

The Electoral Commission (EC) of Ghana was established under the Electoral Commission Act (Act 451) of 1993 to independently oversee public elections and referenda. Article 46 of the 1992 Constitution further guarantees the commission’s autonomy, stipulating that its functions shall not be subject to the control or direction of any authority except as provided for by law.

Jean Mensah, EC Chairperson

However, this autonomy has come under threat following the aftermath of the 7 December 2024 general elections. After Dr Mahamudu Bawumia, the presidential candidate of the New Patriotic Party (NPP), conceded defeat and congratulated President-elect John Dramani Mahama of the National Democratic Congress (NDC) on 8 December 2024, chaos erupted.

Supporters of both the NPP and NDC stormed Electoral Commission offices nationwide, demanding returning officers declare parliamentary results, with some even pressuring them to announce their preferred candidates as winners. In the Okaikwei Central constituency, for instance, a returning officer was reportedly forced, under duress and in the presence of NDC supporters, to declare Baba Sadiq, the NDC candidate, as the Member of Parliament-elect despite unresolved discrepancies in vote counts.

Electoral Commission Chairperson Jean Mensah

Reports from peacefmonline indicate that EC offices in various constituencies, including Damongo, Suhum, Techiman South, and Dome Kwabenya, have been ransacked or torched, allegedly by individuals affiliated with the NDC. Such incidents threaten the integrity of Ghana’s electoral process and its democratic stability.

Imagine the anarchy that would ensue if rival party supporters decided to oppose these actions by force. Without decisive intervention, such practices could one day lead to armed conflict, undermining the rule of law.

Threats to State Institutions and Security Forces

Political transitions in Ghana have also been marred by acts of lawlessness. In 2017, following the NPP's electoral victory, vigilante groups affiliated with the party engaged in a series of unlawful activities. These included the assault of police officers at the Flagstaff House and the forcible takeover of tollbooths and municipal offices.

Some supporters of the NDC

Regrettably, similar incidents have resurfaced following the NDC’s victory in the December 2024 elections. Alleged NDC supporters have ransacked the office of the Minister of Communications, Ursula Owusu-Ekuful, invaded Ghana Gas premises, and attacked the Ghana Ports and Harbours Authority in Tema, seeking control over these institutions.

In some instances, civilians reportedly attempted to disarm military personnel. The Ghana Armed Forces has since issued a stern warning, cautioning that such acts could compel them to use force.

While the Ghana Police Service has thus far managed to restore calm in these instances, it is chilling to imagine the potential consequences if military personnel were to respond with force or if rival party supporters took up arms in retaliation.

The Danger of Politics of Equalisation

A recurring justification for these undemocratic actions is the claim that, "They did worse to us." While such arguments may resonate with party loyalists, this "politics of equalisation" risks eroding Ghana’s democratic foundations. The normalisation of retaliatory lawlessness after elections could undermine the very stability for which Ghana is celebrated globally.

For Ghana's democracy to thrive, political parties must prioritise peaceful transitions of power and discourage acts that jeopardise the country’s stability. Democracy, after all, should be about building bridges, not perpetuating divisions.

Ghana’s reputation as a beacon of democracy and stability in Africa is a testament to its people’s resilience and commitment to democratic ideals. However, this legacy is not guaranteed. Ensuring the survival of democracy requires unwavering dedication to the rule of law, non-violence, and the independence of state institutions. The responsibility falls on all stakeholders – political parties, security agencies, and the citizenry – to uphold the principles that have defined Ghana as a shining example of democratic governance in Africa.

Credit: Elliot Nuertey nuerteyelliot@gmail.com

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