With the death of GFP’s Akua Donkor, many people are wondering what happens when a presidential candidate dies before an election in Ghana.
The unexpected death of Ghana Freedom Party (GFP) presidential candidate Akua Donkor has sent shockwaves across Ghana’s political scene, raising concerns about the ramifications for the impending elections.
As the Electoral Commission of Ghana (EC) prepares for the presidential elections, many people are wondering what happens if a presidential candidate dies before the election in Ghana.
If a presidential candidate dies before the election in Ghana, the time of the death dictates the next steps.
If a presidential candidate dies before the nomination period ends,
According to the Public Elections Regulations, if a candidate dies before the closure of nominations, the returning officer must be duly notified. This notification is critical, since without it, the deceased candidate would still be considered nominated.
Screenshot from the Public Elections Regulation
The election process is reopened after receiving formal notification and confirmation from the EC, and the commission establishes fresh nomination and polling dates.
Screenshot from Public Election Regulation (Ghana)
The new nomination day must come between 14 and 21 days after the returning officer receives proof of death, and the new election day must be no later than 14 days after the new nomination date.
In the event of a presidential candidate’s death after nominations have closed but before to elections
If two or more candidates remain nominated after a candidate’s death, the election will proceed as planned under the Public Elections Regulation.
However, if just one contender survives, they become a “Unopposed Candidate” and are declared the winner without an election.
When the deceased candidate was nominated by a political party, the Electoral Commission gives the party 10 days to propose a substitute candidate. The election is then postponed for a maximum of 21 days from the moment the new candidate is nominated.
It’s worth mentioning that the Public Elections Act is ambiguous about the legal framework for a death at the presidential candidate level.
Screenshot from Public Election Regulation (Ghana)
While the Act mentions postponing elections in a “constituency” for no fewer than 21 days, it does not specifically address presidential elections, which involve many constituencies. However, one could argue that “constituency” in this sense refers to all constituencies as a whole.
If the deceased candidate was an independent, the Electoral Commission will not permit the nomination of a new candidate, and the election will continue with the current contestants.
If a candidate dies on the eve of an election,
If a candidate dies on the eve of the election and proof of death is shown to the returning officer before the polls open, the returning officer suspends the election and notifies the Electoral Commission.
The Electoral Commission then adjourns the poll, and the same procedure is followed as if a candidate had died after nominations closed.
Ghana’s electoral system includes safeguards for the tragic event that a presidential contender dies before an election.
These safeguards assure continuity, preserve the integrity of the democratic process, and provide clear instructions for dealing with such situations.
