The unexpected death of Akua Donkor, the presidential candidate for the Ghana Freedom Party (GFP), has caused a stir in Ghana’s political scene, prompting concerns about the impact on the upcoming elections.
As the Electoral Commission of Ghana (EC) gears up for the presidential polls, many are questioning what the protocol is if a presidential candidate passes away before an election in Ghana.
If a presidential candidate in Ghana passes away before the nominations close, the procedure is outlined in the Public Elections Regulations.
In this situation, the returning officer must be officially notified of the candidate’s death. This notification is essential because, without it, the deceased candidate would still be regarded as nominated.
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Once the Electoral Commission receives formal notification and confirmation, the election process is restarted, and new nomination and polling dates are established.
The new nomination day should occur 14 to 21 days after the returning officer receives proof of the candidate’s death, and the election day must be set no later than 14 days after the new nomination day.
In the event that a candidate dies after the nominations have closed but before the elections take place
If two or more candidates are still nominated following the death of a candidate, the election will continue as scheduled, in accordance with the Public Elections Regulation.
If only one candidate is left alive, they are declared the winner as an “Unopposed Candidate” without an election.
If the deceased candidate was affiliated with a political party, the Electoral Commission allows the party 10 days to propose a replacement. The election will then be postponed for no more than 21 days from the nomination of the new candidate.
It is important to mention that the Public Elections Act has some unclear provisions concerning the legal process when a presidential candidate dies.
The Act states that elections in a “constituency” can be postponed for at least 21 days, but it doesn’t specifically mention presidential elections, which cover multiple constituencies. However, one could interpret “constituency” here as encompassing all constituencies together.
If the deceased candidate was running as an independent, the Electoral Commission will not permit the nomination of a new candidate, and the election will continue with the candidates who remain.
If a candidate passes away just before the election and the returning officer receives proof of death before polling starts, the officer will suspend the election process and notify the Electoral Commission.
The Electoral Commission will then adjourn the polling, following the same procedures as for a candidate who dies after nominations have closed.
Ghana’s electoral system includes specific provisions to manage the unfortunate event of a presidential candidate’s death prior to an election.
These measures are designed to ensure continuity, uphold the integrity of the democratic process, and provide clear guidelines for managing such circumstances.
