The news that His Excellency President John Dramani Mahama has directed the immediate recall of Mohammed Baba Jamal Ahmed from his post as Ghana’s High Commissioner to the Federal Republic of Nigeria is a significant and welcome step toward public sector accountability. By this action, the President has signalled that the conduct of his appointees must remain above board.

However, as a legal activist, I must state clearly that while the recall addresses the conduct of a public officer, it does not solve the legal crisis created by the Ayawaso East parliamentary primary.

The administrative removal of an aspirant from a diplomatic post is a separate matter from the integrity of an electoral result. The distribution of 32-inch television sets to delegates on the morning of Saturday, February 7, remains a documented violation of the laws governing our democracy. To allow the results of this primary to stand is to accept a "poisoned fruit" as a legitimate harvest. The National Democratic Congress (NDC) must move beyond administrative discipline and provide electoral justice by nullifying the results and ordering an immediate rerun.

The Legal Issues

The facts of the matter raise two primary legal issues. First, whether the distribution of high-value electronic goods to delegates during an active poll constitutes "Bribery" and "Treating" under the Representation of the People Law, 1992 (PNDCL 284). Second, whether such conduct violates the mandatory requirement for internal party democracy as stipulated under Article 55(5) of the 1992 Constitution and the Political Parties Act, 2000 (Act 574).

Under Section 33 of PNDCL 284, bribery is committed when a person gives "valuable consideration" to a voter to induce them to vote or refrain from voting. A television set is a clear example of valuable consideration. Furthermore, Section 34 defines the offence of "Treating" as providing a provision to corruptly influence a person’s vote. In the case of Luguterah v. Interim Electoral Commission [1971] 1 GLR 109, the court established that where a victory is tainted by illegality, the popular will is nullified and the entire result must be upset.

The Administrative Recall vs. Electoral Integrity: President Mahama has performed his duty as the appointing authority of the State. He hasrecognisedd that a diplomat involved in such reportage loses the moral authority to represent Ghana abroad. However, the NDC leadership- specifically Chairman Johnson Asiedu Nketia and General Secretary Fiifi Kwetey- must now perform their duty as the custodians of the party’s integrity.

The recall of Baba Jamal does not "wash" the votes cast in that primary. If the delegates were influenced by the "gifts" provided by his campaign team, or indeed by any other candidate who
allegedly shared items, then the "one man, one vote" principle has been replaced by "one gift, one vote." This is a fundamental breach of the Political Parties Act, which requires parties to ensure internal democracy. A primary that is decided by who has the most television sets to give is not a democratic election; it is a commercial transaction.

The Root of Corruption and the NDC Brand

We must be straightforward: the sharing of gifts during elections is one of the roots of corruption that destroys our nation. When candidates buy their way into Parliament, they enter the chamber not as servants of the people, but as investors seeking a return. This "moneyocracy" creates a cycle of debt and patronage that prevents honest, capable citizens from seeking office.

The NDC currently stands as the most attractive and principled alternative for a Ghanaian electorate desperate for a "Reset." The leadership of John Dramani Mahama has promised a government of integrity. To fulfil this promise, the party must demonstrate that its own house is clean. If the NDC allows a tainted result to stand in Ayawaso East, it forfeits the moral high ground to ccriticisethe corruption of its opponents. The goodwill of the party is tied to its willingness to sacrifice a tainted victory for a principled rerun.

The Necessity of a Rerun

To protect Ghana’s status as a model of responsible democracy, the NDC must take the following steps:

1. Declare the Results Void: In line with the principles in Appiah v. Attorney General (1970), where an election is not conducted substantially in accordance with the law, it must be declared void.
2. Conduct a Rerun: All candidates found guilty must be disqualified- and a fresh primary held with strict monitoring to ensure that no candidate, including the ones who allegedly gave smaller gifts, is allowed to use money or goods to influence the franchise.
3. Uphold the Standard: This decision will set a precedent that the NDC ticket cannot be bought. It will strengthen the party’s long-term image as a disciplined organisation ready to lead
   the fight against national corruption.

The President has done his part. Now, the Party must do its part. We cannot normalise the auctioning of our democracy. Let us return to the polls and ensure that the winner of the Ayawaso.East seat is chosen by the hearts and minds of the people, not by the contents of a campaign truck.

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Quaye Frank
Legal Activist
Email: frankquaye62@gmail.com