Electoral Commission fails in attempt to dodge CHRAJ probe

The Commission on Human Rights and Administrative Justice (CHRAJ) has dismissed a legal challenge by the Electoral Commission (EC) that sought to block an investigation into allegations of maladministration and abuse of power.

The EC had argued that CHRAJ lacked the jurisdiction to hear a petition filed by IMANI Africa, which accused the electoral body of reckless financial conduct, conflict of interest, and abuse of discretion in the procurement and disposal of biometric election equipment worth tens of millions of dollars.

IMANI’s petition, filed in May 2024, followed years of what the think tank described as the EC’s “intransigence and lack of transparency” in the handling of the costly election technology.

According to IMANI, repeated efforts to engage the Commission and obtain accountability had been ignored, forcing it to seek redress through CHRAJ.

After a year of silence, the EC, through its lawyers, demanded that the petition be dismissed on grounds that CHRAJ had no mandate to investigate the matter.

But CHRAJ rejected the objection, affirming that it had full authority to inquire into allegations of maladministration and abuse of office involving any public institution.

IMANI, in a statement, welcomed the decision and vowed to see the case through to ensure accountability and justice.

“We thank CHRAJ for holding its ground and commend our legal team at Gyandoh Asmah & Co for excellent representation,” the group said.

The policy think tank argued that every stage of the EC’s procurement, retirement, and disposal of the biometric equipment—including what it described as a “flawed auction process”—was marred by irregularities that caused massive financial losses to the state.

“CHRAJ’s decision is a victory for accountability and the rule of law,” an IMANI representative said. “No public institution should be beyond scrutiny, especially where significant public funds are involved.”

CHRAJ’s ruling paves the way for a full-scale investigation into the EC’s handling of the biometric systems, a process that could have far-reaching implications for public sector accountability in Ghana.

In recent weeks, there have been renewed calls for the government to launch a probe into the decision of the Jean Mensa-led Electoral Commission that has faced criticisms over its handling of electoral activities including the 2024 general election.

In June, the Chairman of the ruling National Democratic Congress (NDC), Johnson Asiedu Nketia publicly called for the removal of Mrs. Jean Mensa and her deputies from the EC. He accused them of being ‘unfit for purpose’.

“There has to be a change,” he insisted. “The three top leadership must all go. They have managed the commission so badly.”