Ghana EC rocked by explosive Deputy Chair appointment scandal: Agbenyo's integrity challenged

The appointment of Emelia Afi Agbenyo as a Deputy Chairperson of Ghana's Electoral Commission (EC) has ignited a significant national debate, with concerns raised about her alleged affiliation with the governing National Democratic Congress (NDC) and its potential impact on the EC's independence and public confidence. This controversy unfolded shortly after President John Dramani Mahama swore in Mrs. Agbenyo and Dr. Joseph Kweku Asamoah as Deputy Chairpersons on October 12. President Mahama, at the swearing-in ceremony, had urged the new appointees to uphold impartiality and safeguard the right of Ghanaians to freely choose their leaders.

The Centre for Democratic Development (CDD-Ghana) was among the first to call for Mrs. Agbenyo's resignation. Paul Aborampah Mensah, CDD-Ghana’s Programmes Manager, voiced these concerns on October 16, arguing that her appointment could fundamentally undermine trust in the EC's independence and impartiality. Mr. Mensah suggested that President Mahama, if he had not fully considered the implications, should advise Mrs. Agbenyo to step down, or that she could resign on moral grounds. He emphasized the critical need to protect the independence of state institutions, cautioning against a cycle where changes in government routinely affect the leadership and operations of key national bodies, and warning that continued politicization of electoral management could severely damage Ghana’s democratic processes.

International corporate lawyer Victoria Bright also weighed in on the issue, expressing deep concern over the explanation that Mrs. Agbenyo’s appointment was intended to “tilt the balance” within the EC. Speaking on JoyNews’ Newsfile programme on October 17, Ms. Bright found this justification troubling and inconsistent with President Mahama’s own assurance that the new EC leadership must act impartially. She stressed the importance of consistent communication from the government to avoid creating doubts about the Commission's independence. While welcoming the President's call for neutrality, Ms. Bright argued that an explanation based on "tilting parties and balance" sits uneasily alongside assurances of impartiality. She clarified that her concern was not an accusation against the President but rather about the mixed messages that could lead the public to judge the appointees' decisions through a political lens, placing an unnecessary burden on them.

Ms. Bright further cautioned against repeating past mistakes, asserting that if political considerations were used to influence appointments to an independent institution, it would entrench the very problem that previous governments had condemned. She urged greater attention to the role of the Council of State in the appointment process, calling for clarity on the criteria used to assess candidates, including the disclosure and evaluation of recent political activities. While acknowledging no established constitutional or procedural breach, Ms. Bright maintained that the "optics don't look good" and could negatively affect public perception of the Commission.

However, Ms. Bright also described the calls for Mrs. Agbenyo's resignation as "excessive." She argued that applying such a standard consistently would necessitate the resignation of other commissioners, potentially including the EC Chair, who is also perceived to have strong family and political affiliations with the opposition party. According to Ms. Bright, singling out one individual while others with perceived political ties remain in office would be applying different standards. Instead, she advocated for focusing on improving the broader EC appointment process to ensure the institution commands public confidence across the political divide, rather than engaging in a selective approach to resignations. She highlighted that previous administrations have also made appointments that attracted criticism over perceived political affiliations, urging Ghana to move beyond this recurring cycle and ask what kind of Electoral Commission it truly desires.

Emphasizing consistency in the appointment of EC officials, Ms. Bright articulated that the Commission must inspire public confidence irrespective of the governing party. She proposed three key questions to guide the assessment of appointments: whether constitutional requirements are met, whether appointees are professionally suitable, and whether the process provides citizens with reasonable grounds to trust their independence. While acknowledging that the appointments were not unconstitutional, she reiterated concerns about their implications for public confidence. For a sensitive institution like the EC, the perception of independence is nearly as crucial as independence itself, and competence alone does not fully address questions of impartiality.

Ms. Bright also challenged both the New Patriotic Party (NPP) and the National Democratic Congress (NDC) to maintain consistency in their stances on EC appointments. She recalled controversies surrounding appointments under former President Nana Addo Dankwa Akufo-Addo, including that of Chairperson Jean Mensa, which drew objections from civil society organizations like CODEO and criticism from the then-opposition NDC. Ms. Bright argued that past controversial appointments should not serve as justification for repeating similar ones, stating, "We can't keep going on and on." She specifically expressed concern over any argument suggesting the appointments were meant to "rebalance" the EC's composition based on partisan representation, warning that such an approach undermines the Commission's role as an impartial arbiter of the electoral process. Ultimately, Ms. Bright urged the government and relevant institutions to use the current controversy as an opportunity to enhance the appointment process, suggesting the publication of clear selection criteria to foster transparency and reduce political disputes.