Election Watch Ghana (EWG) has disagreed with calls by the Centre for Democratic Development (CDD-Ghana) and the Coalition of Domestic Election Observers (CODEO) for the resignation of Madam Emilia Afi Agbenyo from the leadership of the Electoral Commission.
In a press statement dated Monday, October 19, EWG said that while it recognised the important role civil society organisations play in promoting democratic governance, transparency, accountability and credible elections, it “respectfully but firmly” disagreed that resignation was the appropriate response to concerns surrounding the leadership and operations of the Commission.
“Our democracy must be governed by constitutional principles, not merely by public pressure or institutional disagreements,” the statement said.
EWG noted that the 1992 Constitution establishes a clear framework for the appointment and removal of public officials, including the leadership of the Electoral Commission.
It cited Article 43, which establishes the Commission, and Article 70, which provides for presidential appointments to the Commission in consultation with the Council of State.
According to the group, calls for resignation must be approached with due regard for these constitutional arrangements, and while civil society organisations have every right to express their views and demand accountability, such demands should not be confused with the constitutional procedures applicable to the appointment, tenure and removal of public officeholders.
The statement said the issue was not whether CDD-Ghana or CODEO had the right to express their position, which it said they “unquestionably do”, but whether resignation was the most appropriate and constitutionally sound response to the concerns being raised.
EWG stressed that the independence of the Electoral Commission is indispensable to Ghana’s democratic stability, and that an electoral management body must be able to discharge its constitutional responsibilities without improper political interference, intimidation or undue external pressure.
It added that protecting this independence requires more than expressing dissatisfaction with the Commission’s leadership.
It requires a careful examination of the legal and institutional arrangements that govern its composition, appointments, tenure and accountability.
The group said that if the existing appointment framework creates concerns about actual or perceived political influence, those concerns must be addressed through credible, transparent and legally sound reforms.
It argued that institutional independence cannot be strengthened by weakening respect for constitutional processes, and that where the appointment process is considered inadequate, the most sustainable response is to examine the relevant legal framework and pursue the necessary reforms.
EWG therefore encouraged CDD-Ghana, CODEO, other civil society organisations, political parties and relevant stakeholders to join the call for a review and amendment of the laws governing appointments to the Electoral Commission.
Such a review, it said, should consider whether the existing framework sufficiently guarantees independence, transparency, public confidence and institutional accountability, and any proposed reform must remain consistent with the 1992 Constitution.
The group said a transparent and broadly consultative appointment framework would help strengthen public confidence in the Commission while reducing the likelihood of recurring controversies over the perceived political influence of its leadership.
“If the system requires reform, let us reform the system. If the law requires improvement, let us improve the law. We must not substitute demands for resignation for a serious examination of the structural issues at stake,” the statement said.
EWG acknowledged the important roles CDD-Ghana and CODEO play in protecting Ghana’s democratic institutions, citing their contributions to civic education, election observation, public accountability and democratic participation.
It said, however, that the strength of civil society lies not only in its ability to criticise public institutions but also in its capacity to promote constructive dialogue, evidence-based assessment, institutional reform and respect for the rule of law.
The group encouraged the organisations to continue scrutinising the Commission’s activities, documenting credible concerns, promoting transparency and proposing practical measures to strengthen electoral integrity.
It added that allegations of misconduct, institutional failure or compromised independence should be examined objectively and addressed through appropriate constitutional and legal mechanisms.
EWG further stated that accountability is essential to democracy but must be pursued in a manner that strengthens, rather than undermines, the institutions and procedures on which democratic governance depends.
It said the Electoral Commission must be accountable to the law and the Ghanaian people, and equally, that efforts to reform or challenge the Commission must be guided by constitutional principles, credible evidence and a commitment to institutional stability.
The group cautioned against approaches that risk turning disagreements over electoral administration into prolonged institutional confrontations without adequately addressing their underlying causes.
“Our collective objective should be to build an Electoral Commission that commands public confidence, operates independently, and administers elections in a manner that is transparent, impartial, and consistent with the Constitution,” the statement said, adding that this is best served by constructive engagement, rigorous institutional scrutiny and meaningful legal reform.
EWG concluded by respectfully but firmly urging CDD-Ghana, CODEO and all other stakeholders to reconsider the emphasis placed on calls for the resignation of the Electoral Commission’s leadership and instead support a comprehensive review of the legal and institutional framework governing appointments to the Commission.
It maintained that legitimate concerns about the Commission’s independence and performance deserve serious attention, but must be addressed through processes that respect the Constitution, uphold the rule of law and strengthen democratic institutions.