What does Ghana’s Electoral laws say about a candidate’s death

When a presidential or parliamentary candidate dies after the close of nominations but before the election, Ghana's electoral laws impose a duty on the Electoral Commission to allow a further period of 10 days to file new nominations where a political party nominated the deceased.The 1992 Constitution of Ghana, complemented by other electoral laws, has elaborate provisions on what to do when a presidential or parliamentary candidate dies after the close of nominations but before the election.

The country's parent law also tells us what to do when the presidential or parliamentary candidate dies within 25 days of the election.The Electoral Laws of GhanaThe Electoral laws of Ghana comprise the 1992 Constitution, the Electoral Commission Act, 1993 (Act 451) as amended, the Presidential Elections Law, 1992 (P.N.D.C.L 285) as amended, the Representation of the People Law, 1992 (P.N.D.C.L 284), Public Elections Regulations, 2020 (C.I 127), and Public Elections (Registration of Voters) Regulations, 2016 (C.I 91) as amended by (C.I 126).The Public Elections Regulations, 2020 (C.I 127) regulates presidential and parliamentary elections in the country and, with the necessary modifications, other public elections that the Electoral Commission may conduct.

See Regulation 1 of the Public Elections Regulations, 2020 (C.I 127).Body responsible for public elections in GhanaThe Electoral Commission, established in clause 1 of Article 43 of the Constitution, 1992, is responsible for organising public elections in Ghana.

The Commission comprises a chairman, two deputy chairmen, and four other members appointed by the country's President under Article 70 of the Constitution.Article 45 of the Constitution, 1992 provides the functions of the Commission, which include (a) conducting and supervising all public elections and referenda, (b) compiling the register of voters and revising it at such periods as may be determined by law, (c) educating the people on the electoral process and its purpose, (d) to undertaking programmes for the expansion of the registration of voters, (e) demarcating the electoral boundaries for both national and local government elections, (f) storing properly election material, and (g) performing such other functions as may be prescribed by law.Also, see Sections 1 and 2 of the Electoral Commission Act, 1993 (Act 451) as amended on the creation of the Commission and its functions.Given the above provisions, it is submitted that where something needs to be done for the purposes of public elections, the Electoral Commission and no other body shall be responsible for performing those tasks. Death of a presidential or parliamentary candidate before electionClause 4 of Article 50 of the 1992 Constitution of Ghana provides 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."This provision deals with two possible scenarios: (1) where the presidential or parliamentary candidate's death occurs after the close of nominations but before the election and (2) where the presidential or parliamentary candidate's death occurs at any time within twenty-five days of the election.Giving notice to the Returning officer about a candidate's deathWhen a presidential or parliamentary candidate dies after nomination, the deceased's political party (where a political party-nominated candidate is deceased) or personal representative (where the deceased is an independent candidate) must provide proof of the candidate's death to the Returning Officer for the necessary action.This is provided for in sub-regulation 1 of Regulation 9 of the Public Elections Regulations, 2020 (C.I 127) when it says:"Whenever the nomination paper and the statutory declaration of a candidate are delivered and the deposit is paid in accordance with these Regulations, the candidate shall be considered to stand nominated, unless proof is given to the satisfaction of the returning officer of the death, withdrawal or disqualification of the candidate."A news report about a candidate's death may suffice as adequate notice to the Electoral Commission; however, because of the spike in disinformation in the media, it would be important for a formal notice to be served on the Commission.Legal implications of the two scenarios on a candidate's deathScenario 1: Candidate dies after the close of nominations but before the electionIn the first scenario where the presidential or parliamentary candidate's death occurs after the close of nominations but before the election, the Constitution 1992 imposes a mandatory duty on the Electoral Commission, using the word "SHALL," to give ten days for a new presidential or parliamentary candidate to be nominated.Also, sub-regulation 4 of Regulation 13 of the Public Elections Regulations, 2020 (C.I 127) amplifies this scenario provided for in the first part of Clause 4 of Article 50 of the Constitution 1992.Sub-regulation 4 of Regulation 13 of the Public Elections Regulations, 2020 (C.I 127) provides 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."Scenario 2: Candidate dies within twenty-five days of the electionThe second part of Clause 4 of Article 50 of the Constitution 1992 provides that where the presidential or parliamentary candidate dies at any time within twenty-five days of the election, the Electoral Commission SHALL postpone the election in that CONSTITUENCY or unit for not less than twenty-one days.It is the submission of the writer that the word constituency used in this provision of the Constitution and the Public Elections Regulations, 2020 (C.I 127) has two meanings: (a) the geographical location, including the people each Member of Parliament represents, and (b) the entire country in the case of the presidential election.It is worth noting that while there are Returning Officers responsible for parliamentary elections in each constituency, the Electoral Commission (EC)'s Chairman is the Returning Officer for presidential elections, with the entire country considered as one constituency as provided for in sub-regulation 1 of Regulation 2 of the Public Elections Regulations, 2020 (C.I 127).