A new political party awaiting certification, Justice Party (JP), has accused the Electoral Commission (EC) of deliberately delaying its approval.
According to the JP, the delay of the EC to issue it with a certificate to operate has caused it financially, and eating largely into the time left for preparation to participate in the December polls.
In a letter dated March 4, 2024 signed by the Interim National Chairperson, Dr. Kwabena Danquah, said that despite fulfilling their obligations, the Commission has failed to fulfil its duty to issue the provisional permit promptly.
The party’ contention is that the period given by the law for the EC to deliver a provisional permit has elapsed.
ACT
Section 8 (2), of the Political Parties Act, 2000 (ACT 574), states that the Commission shall, not later than seven days after the receipt of the application, issue to the political party a provisional certificate of registration and shall cause a notice of the application to be published in the gazette after receipt, inviting objections from any person, concerning the name, aim, objects, constitution, rules, symbols, slogans and colours of the party.
The section (4) says that “on expiration of thirty days after the date of the publication of the gazette notice, the Commission shall, if satisfied that the relevant provisions of this Act on registration have been complied with, register the political party.”
The section (6) states that: “Where the Commission upholds the objection or if enquiries made under subsection (3) disclose that any of the particulars submitted with the application for registration are false, the Commission may refuse to register the party and cancel the provisional certificate issued to that party under subsection (2).
THE LETTER
In the March 4 letter to the EC, the Justice Party said Application Request was sent on Monday, January 22, 2024.
The party subsequently received a response from the EC asking them to make a correction regarding the flag and slogan of the party.The letter said it effected the correction and resubmitted to the Commission on ThursdayFebruary 8, 2024.
“Considering the legal obligation of the Commission to issue the provisional permit within the prescribed timeframe, we kindly urge the Commission to expedite the process and to issue the provisional permit to rectify this matter to meet its obligations under the law,” the letter read.
It continued that“I would be grateful if there can be an acknowledgment of receipt of this complaint and, an update on the status of the application at your earliest convenience.”
FOLLOW UP
Another letter sighted by The Chronicle, signed by Dr. Kwabena Danquah, dated April 2, 2024 followed up on the said delay by the Commission in issuing the provisional permit.
The letter said: “I am writing to follow up on my previous letter dated 4th March, 2024 regarding the significant delay in issuing the provisional permit for the Justice Party. This is the second letter of complaint after our application to your commission.”
READ THE REST
In that letter, I expressed my deep concern about the delay that already exceeded the timeframe outlined in Section 8 (2) of the Political Parties Act, 2000 (ACT 574). As a reminder, the Act mandates issuing the provisional certificate within seven (7) days after receiving the application request.
The application request was sent on 22nd JANUARY 2024. We subsequently received a response requesting a correction regarding the flag and slogan, which we promptly addressed and resubmitted on 7th FEBRUARY 2024.
Unfortunately, despite fulfilling all our obligations and waiting for 7 days since resubmission, we have not received the provisional permit or any further communication regarding the status of our application.
This ongoing delay is causing significant inconvenience and potentially impacting our ability to participate in the upcoming elections as any party meeting the criteria listed in the Political Parties Act, 2000 (ACT 574) is legally entitled to do. I have personally made several visits to your Commission on the matter.
I have met a Mr Kissi who had stated severally the provisional permit would be issued but subsequently nothing as such has transpired.
Given the urgency of this matter and the legal obligation of the Commission to issue the permit within the prescribed timeframe, I respectfully urge you to expedite the process and issue the provisional permit without further delay.
Furthermore, I would appreciate a prompt response acknowledging receipt of this follow-up letter and a detailed update on the status of our application.
House No 11, Olympic Street, Kokomlemle, Accra, GA 0706669. Thank you for your time and attention to this critical matter.
