Why EC chose a logo for an independent candidate in Kumawu By-election

The Electoral Commission (EC) has explained why it chose a symbol [logo] for one of the two independent candidates in the Kumawu By-election in the Ashanti Region.

The Commission says it did not approve the notice of poll in which the two independent candidates had the same name, attire and symbol [bird] for the said election.

According to the Commission, the two independent candidates bearing the same names, Kwaku Duah, presented photographs of themselves in Kente and a picture of a bird as their symbol to the Commission's District Officer in Kumawu.

"Based on this, a draft Notice of Poll, bearing the photograph of the Independent Candidates with similar names, attires and symbols was prepared and submitted to the Commission for approval.

"It was neither approved by the Commission nor gazetted. A Notice of Poll becomes legal and binding only after it is gazetted. The version circulating on social media was never gazetted. It was a mere draft reflecting the photographs and symbols presented to the District Officer," EC said in a statement dated May 21, 2023.

The EC further explained that "When this anomaly came to the notice of the Commission, the second Independent Candidate was advised to change his symbol since he was the last to submit his Nomination Form." 

According to the EC, when the second independent candidate was asked to change his symbol, he refused, compelling the EC to apply Regulation 14(1) (b) and (c) of the Public Elections Regulations, 2020, C.I. 127 which allows the EC to use its own discretion to choose a symbol for a candidate in such a situation.

Kumawu By-election 

The Kumawu By-election follows the death of the New Patriotic Party (NPP) Member of Parliament (MP) for the area, Philip Basoah. 

Mr Basoah died on Monday, March 27 at the Korle Bu Teaching Hospital, where he was on admission for a serious ailment.

He was 54-years-old. 

Following the death of Mr. Basoah, the EC in a statement on Monday, April 17, 2023, signed by its Chairperson, Jean Mensa, asked interested parties who wish to contest the seat to download nomination forms from the EC's website from April 14, 2023 to May 5, 2023.

The EC also set May 23, 2023, as the date for the Kumawu By-election.

Attached below is a copy of the EC statement

NOTICE OF POLL FOR THE KUMAWU BY-ELECTION

The attention of the Electoral Commission has been drawn to a Notice of Poll circulating on social media purporting to be that of the Kumawu By-Election. The Notice of Poll has the photos of two Independent Candidates, wearing kente cloth. The said Candidates have the symbol of a bird.

For the information of the Public, both Independent Candidates presented photographs of themselves in kente and a picture of a bird as their symbol to our District Officer in Kumawu.

Based on this, a draft Notice of Poll, bearing the photograph of the Independent Candidates with similar names, attires and symbols was prepared and submitted to the Commission for approval.

It was neither approved by the Commission nor gazetted. A Notice of Poll becomes legal and binding only after it is gazetted. The version circulating on social media was never gazetted. It was a mere draft reflecting the photographs and symbols presented to the District Officer.

When this anomaly came to the notice of the Commission, the second Independent Candidate was advised to change his symbol since he was the last to submit his Nomination Form. 

He refused to do so causing the Commission to apply Regulation 14(1) (b) and (c) of the Public Elections Regulations, 2020, C.I. 127 which states as follows:

14 (1) "Where an election is contested, the Commission shall, as soon as practicable after the nomination day;

(b) allocate to a candidate who is not sponsored by a registered political party a symbol, colour or combination of colours chosen by that candidate; or

(c) allocate a symbol, colour or combination of colours that the Commission considers appropriate in any other case".

The Commission has assigned him the symbol of a hoe which is reflected in the Notice of Poll posted throughout Kumawu.

We assure the Public that the Commission will not tolerate acts that are at variance with its regulations and which have the potential of undermining its hard earned reputation and integrity.

It is a well-known fact that as a Commission we have always operated and lived by our motto:
Integrity, Fairness and Transparency. We will continue to do so, GOD being our helper.

The approved and gazetted Notice of Poll for the Kumawu By-Election is attached.