Lawyer warns Electoral Commission appointments risk public trust as political balance debate intensifies

International corporate lawyer Victoria Bright has raised serious concerns about the messaging surrounding recent Electoral Commission (EC) appointments, warning that describing them in terms of political balance could fundamentally undermine public confidence in the institution's independence.

Bright's intervention centres on the appointment of Afi Agbenyo as Deputy Chairperson of the EC. While she welcomed President John Dramani Mahama's stated commitment to ensuring the new EC leadership remains neutral and does not favour the governing National Democratic Congress (NDC), she argued that the government's own explanation of the appointment sends conflicting signals to the public.

The messaging problem

According to Bright, the disconnect between the President's neutrality assurance and references to "tilting the balance" creates a logical inconsistency that could damage the EC's credibility. She explained that even if appointees are genuinely committed to impartiality, the public interpretation of their decisions may now be filtered through the lens of perceived political motives rather than assessed on actual conduct.

"The President's instruction that neither his government nor his party should receive preferential treatment is very welcome," Bright stated. "But government must speak consistently because an assurance of neutrality sits uneasily alongside an explanation based on tilting parties and balance."

Bright emphasised that her concern extends beyond the individual appointee's integrity. Rather, she argued that framing appointments as efforts to adjust partisan influence could entrench the very problem the government claims to be addressing. If the previous administration weakened EC independence through partisan appointments, describing new appointments in similar language does not resolve the underlying structural issue.

What this means for Ghana's electoral credibility

The debate highlights a fundamental tension in Ghana's democratic institutions. The EC's legitimacy depends not only on the actual neutrality of its leadership but equally on the public's perception that it operates independently. Electoral commissions globally face scrutiny, but Ghana's EC carries particular weight given its central role in managing presidential and parliamentary elections that determine the nation's political direction.

Bright's intervention matters because it frames the issue not as an attack on the current administration but as a structural governance problem requiring systemic solutions. By questioning the appointment rationale rather than the appointee's character, she has shifted the debate toward institutional reform rather than personality-focused criticism.

She also called for scrutiny of the Council of State's advisory role in the appointment process, questioning what criteria were applied and whether candidates' recent campaign activities had been evaluated. While acknowledging she had no evidence of procedural breaches, Bright stressed that transparency in the selection process would address public concerns before they calcify into lasting doubts about the EC's independence.

Path forward: institutional reforms

Rather than dwelling on the controversy, Bright urged the government and relevant institutions to use it as a catalyst for reform. She proposed that publishing clear, publicly available selection criteria for EC appointments would reduce recurring political disputes and help citizens understand how candidates were assessed.

"We should use this recurring controversy to improve the appointment process," she said. "Maybe the criteria should be published in future to stop all this."

This recommendation aligns with broader global best practices in electoral governance, where transparent appointment processes—often including parliamentary vetting or public hearings—strengthen institutional credibility. Ghana, as West Africa's longest-standing democracy, has opportunity to model such reforms for the region.

The underlying issue Bright raises transcends the current administration. How Ghana's democratic institutions manage the appointment of sensitive positions like EC leadership will shape public trust in elections for years to come. Clear processes, consistent messaging, and institutionalised safeguards offer better protection for electoral integrity than assurances of individual neutrality alone.