According to the party, deactivating the BVD is illegal and a deliberate attempt to destroy evidence related to non-verification of voters in the elections.
The NDC in statement adds that destroying documents before the period of one year is an electoral offence punishable, upon conviction, by two years imprisonment or five hundred penalty units or both.
“It has come to the attention of the National Democratic Congress that the Electoral Commission, through Dr. Yaw Ofori Adjei, has directed that all biometric devices used in the 2020 Presidential and Parliamentary Elections should be deactivated.”
“This directive is illegal because Regulation 47 (3) of CI 127 states that “The Commission shall, subject to the provisions of these Regulations, (a) retain for a year, documents forwarded to the Commission; and (b) destroy the documents after a year unless otherwise directed by a court.” The statement reads
They, therefore, urged the EC to take steps to preserve all relevant documents related to the elections as required by the law.
Below is the full statement:
ILLEGAL DEACTIVATION OF BIOMETRICT VERIFICATION DEVICES USED IN THE 2020 ELECTIONS
It has come to the attention of the National Democratic Congress that the Electoral Commission through Dr. Yaw Ofori Adjei has directed that all biometric devices used in the 2020 Presidential and Parliamentary Elections should be deactivated.
This directive is illegal because Regulation 47 (3) of CI 127 states that “The Commission shall, subject to the provisions of these Regulations, (a) retain for a year, documents forwarded to the Commission; and (b) destroy the documents after a year unless otherwise directed by a court.”
This implies that unless otherwise directed by a court of competent jurisdiction, all records related to elections must be retained and preserved for a period of one year.
It is public knowledge that we in the NDC have disputed the election results. We, therefore, view this illegal directive to deactivate all biometric devices as a deliberate attempt to destroy evidence related to non-verification of voters in the elections.
We wish to serve notice that this directive is illegal and constitutes an electoral offence punishable, upon conviction, by two years imprisonment or five hundred penalty units or both.
This is a caution to all electoral officers to disobey this unlawful directive or face prosecution.
We call on the Electoral Commission to take steps to preserve all relevant documents related to the elections as required by law as we shall hold them responsible if they fail to do so.
Elvis Afriyie-Ankrah
Director of Elections
Elvis Afriyie Ankrah, Director of Elections of the National Democratic Congress (NDC)