Election offences in Ghana: A look at 2024 Dec. 7 elections

As Ghana prepares for the 2024 General Elections on December 7, there are growing concerns about election-related offences, which continue to threaten the integrity of the electoral process. Under the Representation of the People Law (PNDCL 284), election offences are clearly outlined, with severe consequences for those found guilty of disrupting the democratic process. These offences range from voter registration fraud to acts of bribery, treating, and undue influence, all of which can lead to significant fines, imprisonment, and disqualification from future elections.

Registration offences: The foundation of the electoral process

Section 27 of the law outlines the offences related to voter registration, which forms the foundation of a legitimate electoral process. Key among these is the act of knowingly providing false information to have one’s name added to a voter register. In an attempt to gain an unfair advantage, individuals may also attempt to register multiple times under different divisional registers. Such actions are not only illegal but undermine the fairness of the election process. Those found guilty face fines, imprisonment, or both, along with a five-year disqualification from voting or registering as a voter.

Moreover, the law makes it clear that coercion or threats to prevent others from registering as voters is a serious offence. As the 2024 elections approach, ensuring that all eligible Ghanaians are able to register freely is paramount to maintaining a transparent and inclusive electoral system.

Nomination papers and ballot integrity: Safeguarding the vote

Sections 28 and 29 of the law address the importance of integrity in nomination papers and ballots. Fraudulent practices such as forging, defacing, or destroying nomination papers can have significant consequences for a candidate’s eligibility. Election officials, too, are held accountable for their actions. For example, anyone who knowingly submits a forged nomination paper can be punished by a fine or imprisonment for up to two years.

When it comes to ballots, the law provides stringent rules against any tampering. Forging or defacing a ballot paper, selling or purchasing ballots, or even improperly handling a ballot box, are all serious offences. In addition to criminal penalties, those convicted face disqualification from participating in future elections, ensuring that the election’s outcome remains untainted by manipulation.

Unauthorised voting: Ensuring every vote counts

A critical aspect of the electoral process is ensuring that only eligible voters cast ballots. Section 29 criminalizes voting in an election without entitlement, or voting more than once. This ensures that the integrity of the vote remains intact and that no individual or group can unduly influence the results. Voter impersonation and multiple voting can skew election outcomes, and those found guilty face significant penalties, including fines and imprisonment.

Bribery and treating: Undermining the free vote

Sections 32 and 34 of the law tackle the pervasive issue of bribery and treating, which undermine the free exercise of the vote. Bribery—offering money, gifts, or other forms of compensation to influence a vote—has long been a problem in Ghanaian elections. It not only distorts voters’ choices but also leads to the election of candidates who may not necessarily reflect the will of the people.

The law makes it clear that anyone who directly or indirectly offers money, gifts, or other inducements to secure a vote, or who receives such inducements, is committing a crime. Convictions for bribery can lead to heavy fines and imprisonment.

Treating, which involves providing food, drinks, or entertainment to voters in a bid to influence their votes, is also illegal. The provision of such perks is seen as a form of corrupt inducement. Political actors must be vigilant in avoiding these practices if the election process is to remain credible and fair.

Undue influence: Protecting the free will of voters

Undue influence, as outlined in Section 35, refers to the use of force, threats, or any form of coercion to influence a voter’s choice. This includes physical violence, threats of harm, or even using psychological pressure to manipulate voters into making a decision against their will. Undue influence is a direct attack on the sanctity of free and fair elections, and it is a criminal offence that carries serious penalties.

Abduction, duress, and other fraudulent methods that prevent voters from exercising their right to vote freely are also prohibited under the law. The strength of any democracy relies on the ability of its citizens to make decisions without fear or undue influence, and the law provides strict deterrents for anyone attempting to subvert this fundamental principle.

The need for vigilance

As Ghana gears up for the Dec. 7 elections, the role of the Electoral Commission (EC), political parties, civil society organizations, and voters themselves will be critical in ensuring that these election offences are prevented or swiftly addressed. The punishment for election-related crimes is designed not only to punish offenders but also to serve as a deterrent to others who might be tempted to tamper with the process.

In a democratic system, the fairness of elections is paramount. While the penalties for election offences are severe, they are necessary to preserve the integrity of the electoral system. As the countdown to December 7 continues, Ghana must remain vigilant, ensuring that the right to vote is protected and that the electoral process is free from corruption, manipulation, and coercion. The 2024 elections will be a defining moment for the country, and upholding the law is essential for maintaining public trust in the democratic process.

REPRESENTATION OF PEOPLES LAW ( PNDCL 284)

PART V—ELECTION OFFENCES

Section 27—Registration Offences

A person who—

(a) *knowingly makes a false statement* in or in connection with an application to have his name included in a register; or

(b) having applied to have his name included in a divisional register, without withdrawing his application, applies to have his name included in another divisional register; or

(c) by the use of force or threats prevents or attempts to prevent a person from exercising his right to register as a voter,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both, and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

Section 28—Offences Relating to Nomination Papers and the Ballot

A person who—

(a) forges, fraudulently defaces, or destroys a nomination paper, or any other document relating to the registration of a voter, or delivers to a returning officer any nomination paper, knowing it to be forged; or

(b) forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ballot paper; or

(c) without authority supplies a ballot paper to any person; or

(d) sells or offers to sell a ballot paper to any person or purchases or offers to purchase a ballot paper from any person; or

(e) not being a person entitled under this Law or regulations made under it to be in possession of a ballot paper which has been marked with the official mark, has such a ballot paper in his possession; or

(f) knowingly and intentionally puts into a ballot box anything other than the ballot paper which he is authorised by law to put in; or

(g) without authority, destroys, takes, opens or otherwise interferes with a ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election; or

(h) without authority, prints a ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or

(i) not being authorised to do so under this Law or regulations made under it, makes a mark on a ballot paper issued to a person, other than himself, with intent that the ballot paper shall be used to record the vote of the person,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

Section 29—Unauthorised Voting

A person who knowingly—

(a) votes at an election at which he is not entitled to vote; or

(b) votes more than once at an election,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

(b) if he advances or pays money or causes money to be paid to or for the use of a person with the intent that the money or part of it shall be expended in bribery at an election, or knowingly pays money or causes money to be paid to a person in discharge or repayment of money wholly or in part expended in bribery at an election; or

(c) if before or during an election he directly or indirectly, by himself or through another person acting on his behalf, receives, agrees or contracts for money, gift, a loan or valuable consideration or an office, place or employment for himself or for another person for voting or agreeing to vote or for refraining or agreeing to refrain from voting; or

(d) if after an election he directly or through another person receives money or valuable consideration on account of a person having voted or refrained from voting or having induced another person to vote or to refrain from voting.

(2) For the purpose of subsection (1)—

(a) references to giving money include giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure money or valuable consideration; and

(b) references to procuring office include giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure an office, place or employment.

Section 34—Treating.

A person commits the offence of treating—

(a) if he corruptly either himself or through another person, before, during or after an election gives or provides or pays wholly or in part the expenses of giving or providing meat, drink, entertainment or provision to or for any person—

(i) for the purpose of corruptly influencing that person or another person to vote or refrain from voting; or

(ii) on account of that person or another person having voted or refrained from voting or being about to vote or refrain from voting; or

(b) if he corruptly accepts or takes any meat, drink, entertainment or provision offered in the circumstances and for the purposes mentioned in paragraph (a) of this section.

Section 35—Undue Influence.

A person commits the offence of undue influence—

(a) if he directly or indirectly or through another person acting on his behalf—

(i) makes use of or threatens to make use of force, violence or restraint; or

(ii) inflicts or threatens to inflict on another person a temporal or spiritual injury, damage, harm or loss,

in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b) if by abduction, duress or any fraudulent method he impedes or prevents the free exercise of the franchise of a voter.