DEMOCRACY AND POLITICAL GOVERNANCE
justice because they cannot afford legal representation. Due to a variety of factors,
notably poverty, the judicial system in Ghana is inaccessible to the majority of the
population. This is most evident among capital as well as other criminal offenders, who
generally come from the poverty ranks. The high cost of justice in Ghana is serious cause
for concern. CSOs have attempted to alleviate the situation by running legal aid
facilities, but these are few and insufficiently funded.
32. The judiciary itself suffers from lack of adequate capacity to administer justice.
Availability of office space and courtrooms is a major problem, both at the headquarters
in Accra and countrywide. Each year, budgetary allocations have been insufficient to
meet the growing infrastructure needs of the judiciary. This affects the easy flow of
justice and ultimately compromises the rule of law.
Promotion and protection of political rights
33. Several provisions in the 1992 Constitution underscore the democratic rights of
Ghanaians, and secure the independence of electoral mechanisms to ensure free and fair
electoral processes. The Electoral Commission (EC) and the National Commission for
Civic Education (NCCE) guarantee, promote and protect the fundamental
constitutional rights of Ghanaians to participate in political and related activities. The
judicial system is designed to protect these rights and offers opportunities for redress by
aggrieved persons and groups whose rights are violated or infringed upon. Independent
bodies to ensure electoral competition, good governance and accountability
34. Created in 1992, the independence of the EC is constitutionally guaranteed. The EC
does, however, suffer from certain deficiencies in institutional capacity that have
constrained the effective performance of its functions. These deficiencies include
human and material resources, in particular the recruitment and retention of skilled and
experienced staff; as well as timely release of budgetary allocations. The Commission
also suffers from the general perception that it is partisan and in favour of the incumbent
government. To the extent that the perception affects the EC's integrity, its efficiency and
effectiveness are undermined.
35. The administration and conducting of free and fair elections, and a civicminded
citizenship are central to the democratic processes and the competition for power. The
NCCE is constitutionally mandated to create and sustain within the Ghanaian society
the awareness of the principles and objectives of the Constitution as the fundamental
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