Legal Counsel for the University of Ghana Students’ Representative Council (SRC) General Assembly, Kabu Nartey says it is unconstitutional for Samuel Amos Ofosu (Nana B) to declare himself as SRC President.
He said that the argument of Nana B’s Campaign Manager, Daniel Obeng to declare him as the winner of the election is a “wrong analysis”.
This comes after Daniel Obeng, in an interview, stated that Nana B is to be declared winner of the election, if the Electoral Commission (EC) fails to organize an election by the end of, December 17, 2021, as suggested by the Judicial Board.
“As it stands now, the EC is supposed to organize elections. But in the event that they don’t, we still have their declaration of results; i.e all the results that we have, and the judicial board’s ruling that cancels those two. And so in the event that they don’t run it to the end of today, it automatically means that the candidate that is leading should be seen as the winner of the elections”.
Speaking to UniversNews, Kabu Nartey, stated that it will be completely unconstitutional for Nana B to declare himself SRC President.
In his view, the best way to remedy the solution would be to let the outgone executives take over leadership in the University, to cover up transitional gaps that may be formed.
He condemned the attitude of parties involved in the process, saying that these happenings can affect future elections in the University negatively.
“It’s a wrong analysis, the doctrine of necessity tells us that the outgoing leadership should be the one to step in and if you look at the correspondents, all the parties to a larger extent agree that the outgone interim leadership steps in, to make sure that, there’s no gap in the transition”. He said
Further speaking, Kabu Nartey added that the Electoral Commission is obliged to act on the Judicial Board’s directive, which calls for a re-run of elections at Akuafo and Mensah Sarbah halls since the commission submitted itself to the jurisdiction of the board.
He indicated that the decision of the EC to set aside completely the ruling from the Judicial Board is quite worrying and should not be considered in the University.
“The Electoral Commission is an independent body which is created by the constitution for exclusive oversight of elections in the University and if you look at the same constitution, the judicial board is also the only body that has the powers to settle disputes amongst students. If the EC goes wrong, provided it doesn’t go well with the constitution, the JB has the exclusive powers to give the order. In simple terms, it is a no that the Electoral Commission is not obeying the orders of the Judicial Committee”. He added.
The EC has however stated that it would not conduct another election until recommendations of the ad-hoc committee are submitted.