Legal Expert Warns Against Voter Bribery and Treating Ahead of Elections

Private legal practitioner and host of Joy News File, Samson Lardy Anyenini, has strongly condemned the act of giving voters food, drinks, or money before or during an election, describing it as a criminal offense. His comments follow reports that the incumbent Member of Parliament (MP) for the Ayawaso West Wuogon constituency, Lydia Alhassan, distributed food packs, water, and drinks to voters in a queue at the polling station.

Mr. Anyenini made these remarks on Joy FM's Super Morning Show on Wednesday, December 4, 2024, where he elaborated on the legal implications of such actions under Ghana's electoral laws. He emphasized that the law is clear on this matter, stating, “If a person commits the offence of treating, if he corruptly, either himself or through another person, before, during, or after an election, gives or provides meat, drink, and entertainment or provision, all for any person, it is a crime.”

The practice of providing food and drinks to voters, according to Mr. Anyenini, falls under the crime of “treating.” He further clarified that treating involves the corrupt intention to influence the voting decision of the recipient, whether directly or indirectly, by providing incentives such as food, drink, or entertainment. The law specifies that the offense begins with the intention to corrupt and influence a voter’s decision through such offerings.

“The law said a person commits the offence of treating if he corruptly, either himself or through another person, gives and provides drink, entertainment, and it has to be done with a purpose,” Mr. Anyenini explained. He stressed that the law aims to protect the integrity of the electoral process by preventing any form of bribery or inducement that could sway voters in favor of a particular candidate or party.

Mr. Anyenini elaborated on the broader scope of the offense, noting that even if a person pays in full or in part for someone else’s food, drink, or entertainment, it still constitutes the crime of treating. "If you are giving money, or you are paying for someone's food or drink or meat, either you are paying in full or you are paying in part, you are committing the offence of treating, and that the law will catch you," he said.

Moreover, Mr. Anyenini pointed out that both the giver and the receiver of such inducements could face legal consequences, as the law considers both parties to be involved in a corrupt transaction. “If they bribe these people, they don’t bribe them with the hope that they are going to vote for someone else, but rather, when they bribe them, they pay them extra money,” he noted.

While stressing the seriousness of this issue, Mr. Anyenini acknowledged that there could be challenges in prosecuting those involved in such acts. He cited the need for the Attorney General’s consent for prosecutions, which may delay legal action. However, he expressed his preference for the office of the Special Prosecutor, which does not require the Attorney General’s consent to take action in such cases.

The legal expert’s comments serve as a reminder to political parties and candidates to adhere to electoral laws and ensure a free and fair voting process. As Ghana prepares for the upcoming elections, he called for vigilance in safeguarding the integrity of the democratic process.