afrol News, 13 May - Ghana will allow prisoners to exercise their franchise in the upcoming general elections if the law courts have ordered the national electoral commission to do so.

Electoral Commission (EC) says the electoral officials will be assured of their security in the prisons in order to carry out the process.

"The commission is not against the right of prisoners to vote. Once the courts say we should go and set up registration centres and polling stations at the prisons, we will go," Chairman of the EC, Dr Kwadwo Afari-Gyan, said.

In recent times, the question of whether or not prisoners of 18 years and above who are of sound mind and who are willing to vote, could vote, has generated heated and stormy debate in the Ghanaian media.

Those calling for prisoners to be allowed to exercise their franchise base their arguments on Article 42 of the Ghanaian Constitution which states: "Every citizen of Ghana of eighteen years of age or above who are of sound mind, has the right to vote and is entitled to be registered as a voter for the purposes of elections and referenda."

Speaking at a colloquium on "Preparations for the 2008 Elections" in Accra on Monday,
Dr Afari-Gyan quoted the electoral law as stating, "one must be resident at the area where he votes but a prison cannot be said to be a place of residence."

According to him, traditionally the commission does not set up registration and polling centres at places such as the prisons and chiefs’ palaces.

He observed that there is a conflict between the residency requirement of the law and Article 42 and it would, therefore, be in the best interest of everybody if those calling for prisoners to be enfranchised, seek clarification at the law courts.

"It is the courts that can get them out to come and vote and if that happens, the EC cannot prevent them. But if we are going to do this, we must get assurances that our officials will be safe," he stressed.

By S. Makalo

© afrol News

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