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ELECTION (REGIONAL REPRESENTATIVES
ON COUNCIL OF STATE)
INSTRUMENT, 1993 [C.1] I
ARRANGEMENT OF SECTIONS
SECTION
1.
Regional representative of Council
of State.
2.
Qualification of representatives.
3.
Electoral college.
4.
Composition of electoral college.
5.
Meeting of electoral college.
6.
Nomination of candidates.
7.
Candidate's photograph.
8.
Holding of election.
9. Procedure for the
election.
to. Application of existing
electoral laws.
11.
Notification of election results.
12.
Interpretation.
ELECTION (REGIONAL REPRESENTATIVES
ON COUNCIL OF STATE) INSTRUMENT,
1993
[C.1. 1J
[(Article 51) (3rd February,
1993)]
1.
Regional representative of Council
of State
In accordance with paragraph
(c) of clause (2) of article
89 of the Constitution there shall
be elected one representative from
each Region as a member of the
Council of State.
2.
Qualification of representatives
A
person is not qualified to be
elected as a regional
representative to the Council of
State who
(a) is not a
citizen;
(b) is not a
registered voter;
(c) is not
resident in or does not hail from
the Region for which that person
seeks representation;
(d) has been
adjudged or otherwise declared
(ii) to be of unsound mind or is
detained as a criminal lunatic
under a law in force in the
Republic; or
(e) has been
convicted
(i)
for high crime under the
Constitution or high treason or
treason or for an offence
involving the security of the
Republic, fraud, dishonesty or
moral turpitude; or
(ii) for any other offence
punishable by death or by a
sentence of not less than ten
years; or
(j) has been found
by the report of a commission or a
committee of inquiry to
be incompetent to hold public
office, or is a person in respect
of whom a commission or committee
of inquiry has found that while
being at public office that
person,
(i)
acquired assets unlawfully or
defrauded the State or misused or
abused that person's office, or
(ii) wilfully acted in a manner
prejudicial to the interest of the
Republic, and the findings have
not been set aside on appeal or
judicial review;
(g) is under
sentence of death or other
sentence of imprisonment imposed
on
that person by any court; or
(h) is a
member of the electoral college
constituted under paragraph 3 of
this
Instrument; or
(i) is
otherwise disqualified by law.
3.
Electoral college
There shall be constituted an
electoral college in every region
for the purpose of electing a
regional representative to the
Council of State.
4.
Composition of electoral college
The electoral college shall
consist of two representatives
from each District Assembly in the
Region, elected by the members of
the Assembly from among
themselves.
5.
Meeting of electoral college
An electoral college shall meet on
the date, time and place that the
Electoral Commission may
determine for the purpose of
electing the regional
representatives to the Council of
State.
6.
Nomination of candidates
(1) A candidate shall be nominated
on a nomination form provided by
the Commission and the form shall
be delivered by the candidate or
the candidate's proposer to the
regional representative of the
Electoral Commission at a date and
time directed by the Commission.
(2) The nomination paper shall be
witnessed by the signature or mark
of two registered voters as
proposer and seconder and
supported by twenty voters
registered in the region as
assenting to the nomination.
7.
Candidate's photograph
A
candidate shall, at the time of
nomination, deliver to the
returning officer two postcard
size copies of the candidate's
photograph.
8.
Holding of election
The election shall be held
(a) within
fourteen days after the close of
nomination; and
(b) at the
same date and time in all the
regional capitals except that
where circumstances demand, the
Commission may permit the holding
of an election in a regional
capital at a different date and
time.
9.
Procedure for the election
(1) The Commission shall supervise
the election of a regional
representative to the Council of
State.
(2) The election shall be by
secret ballot.
(3) The Commission shall declare
as elected the person who obtains
the highest valid votes cast at
the election.
(4) Where two candidates obtain
the highest number of valid votes
cast, then unless there is a
withdrawal, the process shall be
continued until one candidate is
elected.
10. Application of existing
electoral laws
Except as otherwise provided in
this Instrument, the existing
electoral laws shall apply to
elections under this Instrument
with the necessary modifications
and adaptations made by the
Commission.
11. Notification of election
results
The Commission shall furnish the
President with the names of the
elected members and shall publish
the results of the election in the
Gazette and the media.
12. Interpretation
In this Instrument, unless the
context otherwise requires,
"citizen" means a citizen of
Ghana;
"Commission" means the Electoral
Commission;
"District Assembly" includes a
Municipal or Metropolitan
Assembly; "Region" means a Region
of the Republic.
[Date of Gazette
notification: 161h February,
1993] |
