Council Of State To Decide Nov 7 Election Date

By Maxwell Ofori
Speaker of Parliament, Edward Doe Adjaho has directed in accordance with the constitution that, the Constitution (Amendment) Bill, 2016 be referred to the Council of State for advice.

The Bill, which sought to change the date for the general election from the previous December 7, to every first Monday in November of every election year, was first gazetted on 9th March, 2016.

The Deputy Attorney General and minister of justice, Dominic Ayine, yesterday presented the bill for a first reading pursuant to Article 291 (1) (a) and (b) of national the constitution.

Article 291 (1) states that: “A bill to amend the provision of this Constitution, which is not an entrenched provision shall not be introduced into Parliament unless

(a) it has been published twice in the Gazzette with the second publication being made at least three months after the first; and

(b) at least ten days have passed after the second publication, thus the need for it to be read the first time haven met the requirements of the constitution.

The Speaker, referring the Bill to the Council of State said he had done all the necessary checks and was sure the Bill was ready to be presented for the first reading.

Quoting Article 291 (2) of the constitution, Mr Doe Adjaho said the Speaker, after the first reading of the bill in Parliament referred it to the Council of State for consideration and advice and the Council of State shall render advice on the bill within thirty days after receiving it.

“I have done the necessary checks and this requirement of notice (article 291) has been complied with and it is my responsibility in terms of the constitution to refer the bill to the Council of State and I so refer,” he said.

The Bill is to amend article 112(4) of the Constitution to make provision for Parliamentary elections to be held well ahead of the expiration of the tenure of Parliament to ensure an effective and smooth transition.

Currently, the dates set in respect of the conduct of both Presidential and Parliamentary elections in the country is the 7th day of December while swearing-in of the President takes place on the 7th day of January in the ensuing year.

However, the one month period for the transition of one government to the other, has over the years proved insufficient for a smooth transition particularly, in instances where there is a run-off as was the case in 2000 and 2008.

One of the recommendations made by the Electoral Reform Committee after the election petition in 2013 was a change in the date for the conduct of general elections from 7th December to the first Monday of November in an election year in order to have elections on a specific day instead of having elections on a specific date.