The New Juaben South Municipal Assembly has finally elected a Presiding Member for the assembly after four consecutive elections on the same candidate raising questions about its legality.
In the first election, Rapture Botwe, seeking reelection had 28 votes against his contender Nana Yaw Debrah who had 22 votes. During the run-off held the same day, the votes of Rapture Botwe surprisingly reduced to 25 while his contender’s vote increased to 25
However, in the third round of the election held 10 days later, Rapture Botwe’s votes increased to 30 while the contender Nana Yaw Debrah reduced to 20 votes but not enough to secure the two-thirds majority vote’s requirement.
Some of the Assembly members almost violently resisted the attempt to hold another run-off election the same day stating that the candidates have exhausted their legibility.
Some assembly members called for the two candidates to be set aside for fresh nominations as provided by Order 9(5) of the assembly’s Standing Orders which states that ” where neither of the two candidates in subparagraph (4) obtains the votes of two-thirds of all members on two consecutive run-offs held within 10 days after the first run-offs held in subparagraph (4), the two candidates shall step aside for fresh nomination.
Order 9(6) “where fresh nominations are to be held, all persons who presented themselves for election as Presiding Member are not eligible to present themselves for fresh nomination”
This led to a request for clarification and advice on the Presiding Member election at the court about Order 9(5) of the assembly’s Standing Orders for cool heads to prevail to know the way forward.
The Attorney General however advised that the last election be held based on the following clarifications;
1. “The law does not provide for one or two candidates contesting for the position of Presiding Member. I am therefore of the humble opinion where there are two candidates, as in the instant case, the law may be read to mean two or more candidates and applied in this instant case”.
2. “I am also of the opinion that the meaning that may be applied to Order 9(5) is within the ten days after the first run-off, another run-off may be held. Where none of the candidates obtained two-thirds of the votes of all the members, a run-off will be held again, either on that same day or any other day within the ten days after the first run-off. In effect, the law provides for three run-offs, after which the candidates, who have failed to obtain two-thirds of the votes of all members, shall step aside for fresh nominations”.
3. ” However, when the elections were held after the first run-off, the members prevented the holding of the last election. It was therefore not the fault of the Assembly that the last election was not held as provided for by the law”.
“Based on the above, I would advise that the last election be held since the law provides for it, Secondly, the law being a Model Standing Order for District, Municipal and Metropolitan Assemblies, I would advise that the Assembly should take steps to pass a by-law in line with the Model Standing Order and spell out clearly and expand where necessary, the law to suit the needs of the Assembly” this was signed by Akpene D. Motey, Principal State Attorney for Chief State Attorney.
The election was conducted for only the incumbent candidate Hon. Rapture Botwe base on the voting criteria of “YES or NO” out of which 34 Assembly Members voted YES, 12 Assembly Members voted NO, 2 rejected ballot and two Assembly Members failed to cast their votes.
Some assembly members want the election nullified because it is an illegality and dangerous precedent.
However, the Municipal Chief Executive for New Juaben South Hon. Ike Appaw Gyasi congratulated the two candidates despite admitting that the election has been tough and keenly contested, therefore he urged the elected Presiding Member to eschew arrogance and bring all on board.
He said the assembly’s existence for about five months without a Presiding Member was a bit of a Challenge to the assembly, but it was guided based on the Model Standing Order even in the absence of a Presiding Member hence he believes that being able to elect a Presiding Member now will help the assembly regarding development.
Source: Mybrytnewsroom.com/Obed Ansah
