|
Getting your Trinity Audio player ready...
|
Introduction
The Akwatia Constituency remains one of Ghana’s most hotly contested swing seats, with the New Patriotic Party (NPP) and the National Democratic Congress (NDC) alternating victories over the years. Following the sudden death of MP Ernest Yaw Kumi, the question that arises is, what is next? What happens to his seat, and what does the constitution say regarding that?
Who is Ernest Yaw Kumi?
Ernest Kumi, the late Member of Parliament for the Akwatia Constituency, passed away on July 7, 2024, after a short illness. He was born on Wednesday, December 5, 1984. Before entering Parliament, he served on the Eastern Regional Finance Committee and was active within the NPP’s communications machinery.
What the constitution says
When a sitting Member of Parliament (MP) dies in Ghana, the Speaker of Parliament officially declares the parliamentary seat vacant, by Article 112(5) of the 1992 Constitution. Following this, the Clerk of Parliament notifies the Electoral Commission (EC) in writing, prompting the Commission to initiate preparations for a by-election. As the Constitution stipulates, the Clerk of Parliament must notify the EC within seven days of the vacancy, and a by-election must be held within thirty days.
The Electoral Commission then announces the date for the by-election, opens nominations for prospective candidates, and oversees the entire electoral process, including campaigning, voting, counting, and the declaration of results. Once a winner is determined, the elected individual is sworn in as a Member of Parliament to serve the remainder of the term.
However, if the vacancy occurs less than three months before a general election, no by-election is conducted, to avoid logistical and financial constraints so close to national polls.
“Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral Commission in writing within seven days after the vacancy occurred, and a by-election shall be held within thirty days after the vacancy occurred. Notwithstanding clause (5) of this article, a by-election shall not be held within three months before the holding of a general election,” Article 112(5) of the 1992 Constitution states.
Political History
In 1992, the NDC’s Gilbert Kwasi Agyei won the seat unopposed due to a boycott by the NPP. Four years later, the NDC retained it with Mohammed Erzuah Siam, who polled 52.9% of the vote.
But 2000 marked a significant shift. The NPP, riding a nationwide victory wave, flipped the seat with Kiston Akomea Kissi, who held on through the 2004 polls.
The 2008 elections were fiercely contested, with NPP’s Kofi Asare narrowly beating NDC’s Baba Jamal in a race marred by disputes and a partial rerun in six polling stations.
In 2012, Baba Jamal bounced back to win the seat for the NDC. However, in 2016, political newcomer Mercy Ama Sey, a NPP candidate, pulled a surprise victory, becoming Akwatia’s first female MP.
The back-and-forth continued in 2020 when NDC’s Henry Yiadom Boakye reclaimed the seat, only to lose it in 2024 to NPP’s Ernest Yaw Kumi, whose win was later upheld by the Supreme Court after legal challenges.
Tragically, Ernest Kumi’s tenure was cut short just months into office by his sudden death, triggering the constitutional process for a by-election.
Conclusion
The passing of Ernest Yaw Kumi now leaves the seat vacant once again, setting the stage for another politically charged by-election. The NPP and NDC will likely throw their full weight behind the contest. In a constituency where allegiances shift, local dynamics matter, and every vote counts, Akwatia remains not just a mining town but a political jewel, unpredictable, fiercely contested, and forever pivotal.
