By: Goodnuff Appiah Larbi (BL candidate and Legal Researcher)
Introduction
Democracy prevails when all citizens can participate directly in decision making through the power of voting to select the government through free and fair elections or to take a decision in a referendum. In democratic societies such as ours, elections represent a fulcrum of governance, ensuring that leaders derive their authority from the will of the people.
However, in our part of the world, religion and politics are seen to be bedfellows. Prophesies have gained place during the country’s electioneering process. You often find religious leaders prophesying victory for one political party or candidate. Candidates or their representatives also attend upon “Men of God” to seek such prophesies. In the lead-up to the recently concluded December 7, 2024 Presidential and Parliamentary elections, prophets, Imams, priests, and pollsters once again made their voices heard, offering prophecies and predictions of victory for various candidates.
The above phenomenon has provoked this article, seeking to interrogate the legal limits that exist in the exercise of this religious freedom and opinions from pollsters. This article discusses the following topics: freedom of religion and expression, the role of prophecies during elections, their impact on electoral processes, the responsibilities of electoral commissions and courts, balancing freedom and responsibility, recommendation and a concluding analysis.
Freedom of Religion and Expression
Ghana’s 1992 Constitution protect fundamental human rights, including freedom of religion and expression. Article 21(1)(b) and (c) of the Ghanaian Constitution, for instance, guarantees every person the freedom to practice any religion and the right to express their opinions. It states that “All persons shall have the right to freedom of thought, conscience and belief, which shall include academic freedom; freedom to practice any religion and to manifest such practice.” These provisions create a legal foundation for religious leaders and individuals to express their opinions and beliefs, including prophecies about political outcomes.
However, such freedoms are not absolute. Article 12(2) of the Constitution allows limitations on these rights as they are subject to respect for the rights and freedom of others and for the public interest. This implies that while individuals and religious leaders are free to express their opinions and prophecies, the timing and manner of such pronouncements could be subject to legal scrutiny if they risk undermining electoral processes or inciting public disorder.
Prophesies during elections
Prophecies during elections in Ghana reflect the nation’s intertwining of religion and public life. Prophecies, particularly those pronounced by influential religious leaders, often forecast election outcomes or political events, influencing public opinion and stirring emotions among supporters. These predictions can boost a candidate’s popularity or, conversely, provoke anxiety and scepticism, depending on the credibility of the prophet and the level of faith their followers place in the prophecy.
The responsibility of selecting capable leaders lies with human decision-making and active participation. There is no proof that what religious leaders’ prophecies are directly from God and such opinions could be regarded as ‘mere opinions’ from mankind not God. Striking a balance between respecting religious freedoms and protecting the democratic process is essential for ensuring that elections remain a true reflection of the will of the people.
Impact on Electoral Processes
Prophecies, particularly those predicting the outcomes of elections, can have a profound impact on voters, candidates, and the overall electoral atmosphere. Predictions of victory or defeat for a particular candidate may influence voter confidence, discourage participation, or escalate tensions among supporters of different political parties. From a legal standpoint, this raises concerns about the potential for undue influence. The Representation of the People Act, 1992 (PNDCL 284), emphasize the need for free and fair elections. Any action—whether by political actors or religious figures—that compromises voters’ ability to make independent decisions may contravene these laws.
Religious leaders and pollsters have their right to express their opinions within the time frame for campaigning subject to the modalities issued by the Electoral Commission. The Electoral Commission of Ghana mandates that all political campaigns shall be ceased 24 hours before the elections and remain suspended throughout the voting period. This period is known as the silence period or pre – election silence. Failure to comply with this directive constitutes a breach of Ghana’s electoral code, amounting to an electoral offence. Untimely or inflammatory prophecies that goes beyond the time frame for campaigning could amount to interference in the democratic process where such religious leaders may be punished for violating the electoral laws.
The Role of Electoral Commissions and Courts
Electoral commissions play a pivotal role in safeguarding the integrity of elections. The Electoral Commission (EC) is mandated to ensure that elections are conducted in an atmosphere free from intimidation and undue influence. While the EC does not regulate religious activities, it could collaborate with institutions like the National Commission for Civic Education (NCCE), National Media Commission or traditional councils to discourage the misuse of religious platforms for political ends during the electoral period.
Article 125 (1) of the 1992 Constitution provides that justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to the Constitution. The Courts, too, have a role in adjudicating disputes that arise from such prophecies. For instance, if a prophecy leads to claims of electoral malpractices or incitement, aggrieved parties may seek legal redress. The Judiciary which is guided by the principles of fairness and justice, would need to determine whether such prophecies violate electoral laws or constitutional provisions.
Balancing Freedom and Responsibility
A critical legal issue is the balance between protecting freedoms and ensuring responsibility in exercising those freedoms. While it is impractical to ban prophecies outright due to constitutional protections, there is the need to encourage integrity and accountability in the religious sphere. Integrity becomes hollow when actions fail to align with words. Religious leaders could be encouraged to avoid politically charged prophecies close to election periods, as such statements may heighten tensions or lead to accusations of partisanship.
Governments may also introduce public education campaigns emphasizing the need for critical thinking and the separation of faith from political decision-making. Is the best to separate religion from politics, economy, science and technology. This approach respects religious freedoms while promoting a rational, informed electorate.
Recommendation
It is trite in Ghanaian criminal jurisprudence that a person cannot be convicted of a crime unless it is expressly created by a written statute, nor can they be convicted under a penal law that operates retroactively. In Tsatsu Tsikata v. The Republic [2006] 1 M.L.R.G. 120, the Supreme Court observed that Article 19(11) of the Constitution was intended to abolish so-called common law and customary law crimes not codified in statutory law. Punishing someone for violating directives from the Electoral Commission would be unjust.
The alleged offence of campaigning within 24 hours before elections and during the voting period is not established in any statutory law in Ghana, making it unreasonable to penalize individuals for violating such an unwritten law. To address this gap, Parliament should enact law explicitly criminalizing campaigning during the prohibited period. This would bring clarity and order to electoral practices, deter pollsters, religious leaders, political parties and others from engaging in last-minute campaigns and predictions, and ensure that voters can make their decisions without undue influence.
Conclusion
The connection between prophecies, opinion polls, and election timing raises distinct legal and ethical challenges. While constitutional protections uphold the right to individual and religious beliefs, these freedoms must be exercised responsibly to ensure they do not compromise the integrity of the democratic process. Through balanced regulatory measures, public education, and judicial intervention, we can circumnavigate these difficulties, ensuring that elections remain free, fair, and reflective of the collective will of the people. By doing so, we uphold the rule of law, strengthen democracy, and respect the diverse beliefs of citizens.
REFERENCES
Constitution of Ghana 1992
The Representation of the Peoples Law, 1992 (PNDC Law 284)
Tsatsu Tsikata v. The Republic [2006] 1 M.L.R.G. 120
Ali Mubarak Lahore, ‘Religion and Politics: Integration, Separation and Conflict Relations to power of religion and Politics’. (2009). https://www.irenees.net/bdf_fiche-analyse-884_en.html
Friedrich – Ebert − Stiftung Ghana, ‘Electoral Offences and their sanctions’. (2012). Page 41
Justice Dorinda Smith Arthur, ‘The Kiss of Integrity & Justice’. (2024). Eagles Online.
Justice Dr. Richmond Osei-Hwere, ‘Judicial Independence and Integrity; Critical Ingredients for Peaceful Election 2024’. (2024). Symposium organised by Judicial Service Staff in Cape Coast.
GOODNUFF APPIAH LARBI
Legal Researcher
Email: aappiahlarbi@gmail.com
