Some
staffs of the Graphic Communications Group have petition the Election Dispute
Adjudication Committee of the Ghana Journalists Association (GJA) concerning
their grievances covering issues affecting the association.
The
staffs of the company seeks some clarification on the mandate of the current
executives of the association.
BELOW
IS THE FULL STATEMENT (Not edited)
Dear
Sir,
DISPUTE
ABOUT THE MANDATE OF THE EXECUTIVES OF THE GHANA JOURNALISTS ASSOCIATION AND THE
LEGALITY OF THE GJA ELECTIONS OF 2017
We the
undersigned write to place before you our grievances covering issues affecting
the Ghana Journalist Association, and we hasten to add that our grievances are
placed before you in furtherance of our constitutional duty under Article 11
(e) of the 2004 Constitution of the Ghana Journalists Association.
We
first of all seek clarification on the mandate of the current executives of the
Association to be in office and take decisions to affect the wellbeing and
welfare of the Association. We write to remind all of us that the mandate of
the current GJA Executives expired in March 2016. Upon the expiry of the said
mandate a notice was sent out for an Emergency General Meeting which was held
on Friday, 26th August 2016. Even though the meeting was supposed to be an
Emergency General Meeting no decision of importance was taken to reflect its
nature as one called to discuss issues of emergency nature.
One
would have thought that the Executives of the GJA would have used the
opportunity offered by the Emergency General Meeting to throw to members the
critical issue of extension to the mandate of the Executives who had by the
time of the said Emergency General Meeting hopelessly outlived their mandate.
Following
from the fact that no attempt was made by the Executives of the Association to
seek an extension of their mandate at the said Emergency General Meeting it is
pertinent to question the legality of all decisions taken by the current
Executives from the time their mandate expired in March 2016 to date, and by
this letter we seek to challenge the decisions taken by the current executives
since their mandate lapsed in March 2016 as being null and void.
The
current Executives announced on 6th February 2017 that there are going to be
elections of new Executives of the Association on 31st March 2017. To the
extent that this is so the current Executives unilaterally decided on this said
date even though it has no mandate to decide that 2017 is an election year for
the Association, because to all intents and purposes the election year of the
Association was 2016. We are of the opinion that the current Executives had to
call an Emergency General Meeting (a) seek an extension of their mandate to act
in office and (b) seek a mandate from members at an Emergency General Meeting
to declare 2017 an election year.
Since
we are not aware who mandated for 2017 to be declared an election year we would
request to be informed whether Article 43(a) (i) of the GJA Constitution has
been complied with in respect of the National Council at its first meeting in
an election year appointing the Chairman and the two (2) other members to
constitute the Election Committee. We make the point that everything about the
decision to declare 2017 an election year and specifically the decision to hold
GJA elections on 31st March 2017 to be illegal and unconstitutional.
The
current Executives flouted Article 43 (a) (i) of the GJA Constitution by not
holding elections in March 2016 and this illegality is continuing because the
Executives have not sought any further mandate from anybody to be in office and
crucially to declare 2017 an election year to end with elections on 31st March
2017.
We
have serious issues about the legality of the elections called by the current
Executives to be held on 31st March 2017, which we believe will not be in
consonance and resonance with the GJA Constitution, equity and social justice.
Needless
to say we do not endorse the illegal acts of the current Executives because
they have no mandate to take decisions for the Association. But and it is a big
BUT even if the current Executives are in office legally we opine that the
decision to hold elections on 31st March 2017 is a flagrant breach of the 2004
GJA Constitution in respect of the establishment of the Election Dispute
Adjudication Committee (EDAC). Article 44 (c ) (i) says as follows: “The
Election Dispute Adjudication Committee shall be appointed three (3) months
before the election and shall be dissolved within two months after the
declaration of the election results.”
Per
the press release dated January 30, 2017 and signed by Mr Dave Agbenu, General
Secretary announcing the appointment of the Election Committee and the date for
the elections, the current executives stated: “As required by the Constitution
of the GJA, a three-member Elections Dispute Adjudication Committee will in due
course be established by the Elections Committtee.”
Clearly
if elections are to be held on 31st March 2017 then per the above quoted
provision of the GJA Constitution the EDAC should have been appointed and in
place by 1st January 2017. We make the point that no EDAC was appointed and was
in place by 1st January 2017 so this is a material breach of the Constitution
which stops the Executives from holding the elections on 31st March 2017 until
the proper things are done.
Again,
per the press release dated, January 30, 2017 and signed by Mr Dave Agbenu,
General Sectretary announcing the appointment of the Election Committee and the
date for the elections, the current executives stated: “Furthermore, candidates
vying for any of the Executive positions shall be full members of the
Association for at least five (5) years and must be in good standing by at
least the close of Monday, 27th February, 2017. (Please find a copy of the said
letter attached)
We
have however read through a press release issued by the Elections Committee
that Mr Lloyd Evans, one of the aspirants for the presidential race has been
disqualified for failing to meet the 90-day ruling by paying his dues on time.
As
concerned members of the Association who have a constitutional duty to protect
and defend the reputation of the Association we believe it would be cruel and
unjust for the 31st March 2017 elections to be held in the teeth of the
evidence of serious breaches of the GJA Constitution. To hold the elections on
31st March 20017 will do violence to the GJA Constitution.
We
hope that the issues we have raised in this letter of dispute would be treated
with the urgency they deserve, and we would hopefully receive your response by
the return of post.
Yours
faithfully
………………….
(Charles
Benoni Okine)
……………………
(Enoch
Darfah Frimpong)
cc
The
Chairman National Media Commission
The
Executive Secretary National Media Commission
The
Chairman, Ethics and Disciplinary Committee c/o GiPC
The
Chairman, Election Committee c/o GiPC
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