A law lecturer at the Central University Law School has questioned the legality of Electoral Commission (EC)’s power to demand filing fees from presidential and parliamentary candidates.
Yaw Oppong says as far as he is concerned every public institution that wants to charge a fee from the public has to seek a prior approval from Parliament but Ghana’s electoral body did not do that.
Speaking to Dzifa Bampoh, on Joy FM’s Top Story programme Wednesday, the law lecturer said the Commission has a lot to explain as far as its fees are concerned.
The EC has been embroiled in a legal suit brought against it by the Progressive People’s Party (PPP) over the filing fees demanded of presidential and parliamentary candidates in the upcoming polls.
The Commission is charging GH¢50,000 and GH¢10,000 from presidential and parliamentary candidates respectively before being certified to take part in the December polls.
The money would be returned if candidates garner 25 percent of valid votes in the case of presidential candidates and 15 percent for parliamentary candidates.
But this decision has angered some political parties namely the New Patriotic Party (PPP), Convention People’s Party (CPP) and the PPP who threatened to challenge the Commission.
The PPP’s suit which is an interlocutory injunction is expected to stop the EC from going ahead with its decision until a determination is made about its authority to charge the money.
Ghana’s electoral body has the discretionary powers under PNDC law to demand money from candidates but PPP said the EC is being capricious.
Independent Presidential Candidate, Kofi Akpaloo who has also joined the suit said the EC is not following the dictates of C. I.94 which has nothing to do with filing fees.
“They can’t sit there and do things anyhow,” he said, adding he would send his aides to the Commission’s office Thursday to submit his forms without paying any money.
Mr Oppong said the Commission could have avoided the legal action form political parties if it had sought Parliamentary approval.
Citing an example, he said although the Judiciary has the power to charge fees from clients often it does that with parliament’s approval.
“No money ought to be paid into the Consolidated Fund unless it is approved by Parliament,” he said.
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