In Ghana’s vibrant political landscape, elections are often characterised by intense campaigning, public engagement, and a palpable sense of anticipation. However, the unexpected death of a flagbearer just days before an election can send shockwaves through the political arena, affecting not only the party involved but also the broader electoral process and the sentiments of the electorate.
Akua Donkor, a presidential candidate for the Ghana Freedom Party (GFP), passed away on Tuesday, Oct. 29, 2024, just 39 days before Ghana’s 2024 general elections. This rare situation raises complex legal and procedural questions for election management.
DUBAWA seeks to inform the public with a breakdown of what happens under Ghana’s legal framework when a presidential candidate dies close to the election date.
What does the Law say?
Ghana’s 1992 Constitution and electoral guidelines, particularly the Constitutional Instrument (CI) 127, outline the procedures to follow in the event of the death of a candidate before an election. According to Clause 4 of Article 50 of the Constitution:
If a candidate dies after nominations have closed but before election day, the electoral body, the Electoral Commission (EC), must allow a further period of 10 days for the deceased candidate’s party to nominate a replacement.
If the death occurs within 25 days of the election, the law mandates a 21-day postponement of the election in the affected constituency or electoral unit.
The provision of clause 4 of Article 50 of the 1992 Constitution of Ghana has been re-echoed in sub-regulations 4 and 5 of Regulation 13 of the Public Elections Regulations, 2020 (C.I 127).
Since Ms Donkor’s passing occurred more than 25 days before election day, the first provision has been triggered. This allows her party, the Ghana Freedom Party (GFP), 10 days to present a new candidate, who will then take Ms Donkor’s place on the ballot.
Gideon Tettey Tetteh, a constitutional lawyer, added that while Akua Donkor is no longer with us, her party is still alive.
“Well, the balloting will not change. Another point is that even though Akua Donkor has passed on, her party has not passed on.
“So it also means that they have the time to, that period, that 10 days period, to at least get a replacement. From where I sit, I’ve been hinted that her running mate will replace her to contest the position, and that is why there is no cause for alarm.”
Why this clause matters
The death of a presidential candidate significantly disrupts the electoral process. Ghana’s Constitution anticipated this, hence the provisions in Article 50. By offering the party a 10-day window to re-nominate a new candidate, the law ensures that the electoral process remains fair and allows voters to vote for their preferred party despite losing their original candidate.
What happens next?
1. Re-nomination Process: The Ghana Freedom Party has 10 days to choose and nominate a new presidential candidate. They will also need to select a new running mate if applicable.
2. Updating the Ballot: The Electoral Commission (EC) has requested that the Ghana Freedom Party (GFP) nominate a new presidential candidate within 10 days of flagbearer Madam Akua Donkor’s passing.
In light of this development, the EC has temporarily halted printing presidential ballot papers for the election completion.
In a statement issued on Oct 29, 2024, the EC said,
“The Commission has since informed the GFP to make arrangements to nominate a new Candidate and inform the Commission accordingly. In the meantime, the Commission has suspended the printing of Presidential Ballot Papers, which was nearly completed.”
In Ghana’s vibrant political landscape, elections are often characterised by intense campaigning, public engagement, and a palpable sense of anticipation. However, the unexpected death of a flagbearer just days before an election can send shockwaves through the political arena, affecting not only the party involved but also the broader electoral process and the sentiments of the electorate.
Akua Donkor, a presidential candidate for the Ghana Freedom Party (GFP), passed away on Tuesday, Oct. 29, 2024, just 39 days before Ghana’s 2024 general elections. This rare situation raises complex legal and procedural questions for election management.
DUBAWA seeks to inform the public with a breakdown of what happens under Ghana’s legal framework when a presidential candidate dies close to the election date.
What does the Law say?
Ghana’s 1992 Constitution and electoral guidelines, particularly the Constitutional Instrument (CI) 127, outline the procedures to follow in the event of the death of a candidate before an election. According to Clause 4 of Article 50 of the Constitution:
If a candidate dies after nominations have closed but before election day, the electoral body, the Electoral Commission (EC), must allow a further period of 10 days for the deceased candidate’s party to nominate a replacement.
If the death occurs within 25 days of the election, the law mandates a 21-day postponement of the election in the affected constituency or electoral unit.
The provision of clause 4 of Article 50 of the 1992 Constitution of Ghana has been re-echoed in sub-regulations 4 and 5 of Regulation 13 of the Public Elections Regulations, 2020 (C.I 127).
Since Ms Donkor’s passing occurred more than 25 days before election day, the first provision has been triggered. This allows her party, the Ghana Freedom Party (GFP), 10 days to present a new candidate, who will then take Ms Donkor’s place on the ballot.
Gideon Tettey Tetteh, a constitutional lawyer, added that while Akua Donkor is no longer with us, her party is still alive.
“Well, the balloting will not change. Another point is that even though Akua Donkor has passed on, her party has not passed on.
“So it also means that they have the time to, that period, that 10 days period, to at least get a replacement. From where I sit, I’ve been hinted that her running mate will replace her to contest the position, and that is why there is no cause for alarm.”
Why this clause matters
The death of a presidential candidate significantly disrupts the electoral process. Ghana’s Constitution anticipated this, hence the provisions in Article 50. By offering the party a 10-day window to re-nominate a new candidate, the law ensures that the electoral process remains fair and allows voters to vote for their preferred party despite losing their original candidate.
What happens next?
1. Re-nomination Process: The Ghana Freedom Party has 10 days to choose and nominate a new presidential candidate. They will also need to select a new running mate if applicable.
2. Updating the Ballot: The Electoral Commission (EC) has requested that the Ghana Freedom Party (GFP) nominate a new presidential candidate within 10 days of flagbearer Madam Akua Donkor’s passing.
In light of this development, the EC has temporarily halted printing presidential ballot papers for the election completion.
In a statement issued on Oct 29, 2024, the EC said,
“The Commission has since informed the GFP to make arrangements to nominate a new Candidate and inform the Commission accordingly. In the meantime, the Commission has suspended the printing of Presidential Ballot Papers, which was nearly completed.”
3. Implications since printing had started: With ballot printing already underway, it would add complexity and cost, as the EC would need to reprint to include the new GFP nominee.
The lawyer, however, clarified that no political party will allow the EC to change its balloting number because someone has passed away.
“Even if GFP withdraws from the race, the balloting will remain unchanged because everyone is running with that number.
“So there is no way that a political party will agree for it to be done. Basically, all parties will be made to stick to whoever they are. It will not change anything at all.”
What would happen if an independent candidate died?
The situation would be different if the deceased candidate were an independent one. Since there is no party apparatus to nominate a replacement, there is no clear pathway for substitution on the ballot. Therefore, the race would proceed without that candidate.
Political and logistical dynamics
The passing of a candidate introduces unique dynamics, especially if it involves a prominent candidate from one of the major political parties. The law provides a 10-day re-nomination period in such cases, but the political implications could be considerable. Fortunately, this protocol ensures continuity, even amid the unexpected.
Lawyer Tetteh added that the Electoral Commission will not call on political parties to change positions.
“I mean, number three can always be left blank while the other parties campaign. And don’t forget that posters, banners, and all have been printed with that number. And so there’s no way to avoid any confusion.
“All political parties, even the Electoral Commission in its wisdom, will not venture to call on political parties to change positions. No, it will never happen. They will not want to put themselves in a situation where it will cause a lot of problems.”
Conclusion
Ms Donkor’s unfortunate demise has deservedly brought attention to Ghana’s electoral system. However, the constitutional provisions reflect foresight to handle such exceptional cases and ensure that voters retain their full rights to participate in a fair and representative election. The GFP now has 10 days to put forward a new candidate while the Electoral Commission remains responsible for maintaining the integrity of the election process, with updated ballots reflecting the revised slate of candidates for Election 2024.
