Claim: A Facebook user shares an image that suggests that the Electoral Commission of Ghana (EC) has released a modified version of the ballot paper hours after the demise of Akua Donkor.
Verdict: False. By law, the EC gives the party that has lost its candidate 10 days to present a new candidate. As a result, the EC can’t release a new ballot paper hours after a candidate’s demise.
Full Text
Amidst the politically charged atmosphere heading into the Dec. 7 polls, Ghanaians woke up to the sad news of the death of Madam Akua Donkor, presidential candidate for the Ghana Freedom Party (GFP), on Tuesday, Oct. 29, 2024.
With barely 38 days to the elections, Madam Akua Donkor’s demise has left many people wondering what will happen next, especially after nominations have been accepted and announced and slots on the ballot paper have already been allocated.
A Facebook user, Ibrahim Habib, shared an image in a post that suggested the EC had released a new version of the ballot paper hours after news broke about the demise of the GFP presidential candidate.
“Interestingly interesting,” the post was captioned.
If the Facebook user’s post is anything to go by, the NDC flagbearer position on the ballot box has been changed from slot eight to seven which may have repercussions on the NDC’s voter education strategy.
DUBAWA decided to investigate this claim to ascertain the veracity of this image. Again, the post has the potential to misinform or disinform ahead of the polls.
Verification
To verify this claim, DUBAWA had to establish what the electoral laws posit when a presidential candidate dies days before an election.
Article 50, clause 4 of the 1992 constitution of Ghana states that:
“Where at the close of nominations, but before the election, one of the candidates dies, a further period of ten days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty-one days.”
The 1992 constitution thereby imposes a mandatory obligation on the EC to give the demised candidate’s party ten days to nominate a new candidate.
Regulation 13 of the Public Elections Regulations, 2020 (C.I 127) also corroborates the provisions of Article 50 (4) of the 1992 constitution of Ghana.
“Where at the close of nominations, but before the election, one of the candidates dies, a further period of ten days shall be allowed for nominations,” sub-regulation 3 of Regulation 13 of Public Elections Regulations, 2020 (C.I 127) states.
Further, in an official EC presser issued on Oct. 29, 2024, the constitutionally mandated institution in charge of elections and electoral affairs reiterated that the GFP had been asked to present a new candidate. The EC added that the printing of electoral materials had been paused.
Also, DUBAWA contacted Mr Benjamin Bano-Bio, director of electoral services at the Electoral Commission of Ghana, who stated that the modified ballot paper did not emanate from them.
Conclusion
Article 50 (4) of the 1992 constitution of Ghana provides that the EC “shall” notify a political party to present a new candidate in ten days if a candidate dies after nominations have been accepted. The image of a new ballot paper hours after Akua Donkor’s demise is false.
