By Rebecca Ekpe
The Office of the Special Prosecutor (OSP), in its Half-Yearly Report issued on July 11, 2024, says that ”it is a grave offence to wilfully falsify the account of the votes or make a false return of the votes”.
In a caution to all to stay away from voter illegalities, the OSP indicated that it will deploy its ”covert and investigation operatives throughout the country before, during, and after the elections to monitor, suppress, and repress the falsification of returns at the elections”.
On 7 December 2024, Ghana’s Electoral Commission will conduct and supervise the general election for the election of the Sixth President of the Fourth Republic and Members of the Ninth Parliament of the Fourth Republic.
Hence, the Office of the Special Prosecutor (OSP) is mandated by its anti-corruption powers to assure the sanctity of the elections through prevention, control and repression of corruption, fraud, and unfair practices in relation to the elections, and specifically by the operation of Section 79 of the Office of the Special Prosecutor Act, 2017 (Act 959) and sections 256 and 258 of the Criminal Offences Act, 1960 (Act 29).
The OSP has therefore sent a caution to all officers charged with the counting of votes at the polling stations, collation centres and transmission of the outcome of the elections that there is a penalty for misconduct during the polls.
What does the law say:
The OSP says the law also prohibits corruption, intimidation, and personation in respect of elections in Ghana.
”Therefore, no person is permitted to influence the outcome of the elections through corrupt means.
Furthermore, no person is permitted to influence the conduct of a voter in respect of the elections ”by a threat of an evil consequence to be caused to the voter or to any other person. In addition, it is unlawful to impersonate a voter or an electoral officer”.
Consequently, the Office of the Special Prosecutor has indicated the penalty for electoral malpractices, saying that ”a person who is found liable for any of these acts shall be banned from voting at a public election for a period of seven (7) years, and that person cannot hold a public office or be eligible for election as the President or a Member of Parliament.
Office of the Special Prosecutor:
The mandate of the Office encompasses the authority to investigate and prosecute public officials, private individuals, as well as politically exposed persons – that is, individuals entrusted with significant public roles in Ghana or abroad, including senior officials from political parties, government, judiciary, and the military. This category also includes individuals who have served as executives in foreign countries, senior political party officials abroad, or immediate family members and close associates of such persons.
The Office is the first of its kind in the history of Ghana.
