Assessing the effectiveness of Ghana’s Electoral Commission: Comparative analysis (1)

On December 7, 2024, the Electoral Commission (EC) conducted its ninth general election. Electoral violence has been a persistent feature across all eight general elections held in Ghana. 

The election process in 2024 was relatively swift, but marred by the usual violence leading to many serious injuries, loss of lives, destruction of ballot papers, pink sheets and properties.

For instance, the EC offices in the Damango and Ayensuano constituencies were set ablaze.

It has been widely argued that the chaotic handling of the 2024 elections led to delays in result collation, disputes over declared outcomes and allegations of misconduct. 

After many unsuccessful attempts to recollate and verify the results of the remaining polling stations at Ablekuma North, the EC conducted the rerun of elections across 19 polling stations on July 11, 2025, again, with reports of violence and confusion across several polling stations.

The above problems have generated criticisms of the EC by several political leaders of both the NDC and NPP. Particularly, following Mr Justin Kodua’s remark that the EC’s decision to rerun the 19 polling stations stems from the EC’s inconsistencies and lack of transparency, Dr Omane Boamah stressed the urgency of bipartisan cooperation to fix the ‘broken’ EC.

He cited flaws in the EC’s operations leading up to the 2024 elections and the current crisis of confidence in the electoral system (Citi FM, July 9, 2025).

Moreover, in June 2025, the Chairman of the NDC, Mr John Asiedu Nketia, declared that the EC’s entire leadership is not fit for purpose and called for their removal (Myjoyonline, 2025).

Importantly, the Presidential Advisor and Special Aide to the President, Mrs Joyce Mogtari, had also observed in December 2024 that the level of ineptitude witnessed during the last elections is largely due to partisans being appointed to such a critical institution” (MyJoyonline, 2024).

This article assesses the effectiveness of the EC in conducting elections and regulating the internal operations and financing of political parties in Ghana.

Comparisons are drawn with the electoral commissions of the UK, South Africa and Nigeria, focusing on their constitutional provisions on the appointments of members and the functions of the commission.

Importance  

Credible general elections serve as the foundation of any democracy as they ensure the participation of citizens in leadership selection. Political parties perform a number of critical functions and are indispensable to well-functioning democracies.

Amongst their key functions are the provision of valuable information to voters by articulating positions and policies of common concern, and most importantly, they are the primary mechanisms by which ordinary citizens are mobilised to participate in competitive democratic politics (Fukuyama, 2014, p.140).  

However, the financing of political activities is a key issue for ensuring good governance and combating corruption. An enormous amount of money must be spent to reach the electorate and to overcome public inertia and to secure political activity.

The many political finance challenges Ghana faces include vote buying, abuse of state resources, failure by political parties and candidates to comply with regulations and electoral laws (often with impunity) and a lack of effective enforcement.

The problems associated with them are abuse of incumbency, corruption, lack of compliance of political parties with disclosure requirements and lack of enforcement of disclosure requirements by the EC.

The concept of political party funding refers to how political parties and individual candidates who seek to get elected to political office gather funds for electoral campaigns and, in the case of political parties, seek to maintain themselves as organisations (Fambom, 2003).  

Since the first elections in February 1951, the electoral competition between the two main political parties in Ghana has become increasingly intense.

Consequently, politicians provide individualised benefits, including jobs in the public sector, cash payments, political favours or even public goods like schools and clinics that are selectively given to political supporters in exchange for their votes (Fukuyama, 2014, p.86).

This form of patronage and clientelism detracts from good democratic practice in several respects and has negative effects on both the economy and the political system.

With the appropriate legal and constitutional framework, electoral commissions play pivotal roles in guiding and administering electoral processes, voter and political party registration, political party financing and campaign expenditure monitoring, as well as enforcing relevant electoral laws. 

Establishment  

The current commission was established by the Electoral Commission Act 1993 (Act 451), with Dr Kwadwo Afari-Gyan as the first substantive chairman from 1993 to 2015.

He successfully chaired the conduct of five presidential and parliamentary elections until he went on statutory retirement at the age of 70 on June 18, 2015. 

Essentially, the 1992 constitutional provisions on the electoral commission are based on those of the 1969 and 1979 constitutions, without material changes to reflect the changing political situation.

Article 43(1) of the 1992 Constitution establishes the EC with seven members, comprising a Chairman, two Deputy Chairmen and four other members.

Similarly, the 1996 Constitution of South Africa and the 1999 Constitution of Nigeria established their Independent Electoral Commissions (IEC) and Independent National Electoral Commission (INEC) with five and thirteen members, respectively.

Appointment

As outlined in Articles 43(2) and 70(2) of the 1992 Constitution, the President of Ghana appoints the members of the commission based on the advice of the Council of State.

Article 44 specifies that a member of the EC should be qualified to be elected as a member of Parliament and goes on to outline the terms of conditions of the Chairman and Deputy Chairman as the same as those of a Justice of the Court of Appeal (retirement age of 70) and Justice of High Court (retirement age 65 years).

Comparatively, sections 154(1) and 153(1)(f) of the 1999 Nigerian Constitution mandate the President to appoint the Chairman and members of the INEC in consultation with the Council of State and subject to confirmation by the Senate. 

The members of the INEC typically serve a renewable five-year term.

The Senate's confirmation is a key mechanism for ensuring that the President's appointments are not arbitrary or politically motivated, as it facilitates review of the nominee's qualifications, integrity and suitability for the role.

This contrasts with Ghana’s sole reliance on advisory input from the Council of State. Also, there is no specific term of office for the members of the EC. Once appointed, they remain in service until they attain their retirement age.

Appointed

Significantly, the President of South Africa appoints the five members (one of whom shall be a judge) of the IEC based on the recommendation of the National Assembly.

The Commissioners are appointed from a shortlist of interviewed nominations submitted by a panel of experts chaired by the Chief Justice. 

The nominees shortlisted by this panel of experts must be approved by a committee of the National Assembly, proportionally composed of all political parties represented in the Assembly and must further be approved by a resolution of the majority of the members of the Assembly.

The crucial requirements for the candidates are impartiality, independence and acting with integrity.

Once appointed, the members can only be removed from office by the President on grounds of misconduct upon a finding to that effect by a committee of the National Assembly upon the recommendation of the Electoral Court. 

The removal must also be endorsed by a majority of the members of the Assembly.

South Africa’s appointment procedure compares favourably with the UK’s, where the commissioners are formally appointed by the Monarch based on the advice of the Speaker’s Committee on the Electoral Commission and approved by the House of Commons by means of an Address to the King requesting their appointment.