No by-election for late Mfantseman MP’s seat

The Speaker of Parliament made the pronouncements in parliament on Wednesday

No by-election for late Mfantseman MP’s seat
Wife of late Mfantseman MP, Ophelia Hayford - selected by NPP as replacement for late husband's parliamentary seat

No by-election will be conducted in Mfantseman constituency in the Central region following the murder of the MP, Ekow Quansah Hayford.

Speaker of Parliament, Professor Aaron Mike Oquaye, confirmed this in lieu with provisions in the 1992 constitution.

Professor Oquaye explained that elections cannot be held less than three months into a general election citing Clause (5) and (^) of Article 112 of Ghana’s Constitution.

“We are not within the three months [grace period] since this incident occurred and therefore there can be no by-election, … so, let us not misadvise ourselves”. Prof Oquaye said as quoted by the ‘theghanareport.com’

The country will be heading to the polls on December 7.

The MP was killed on Friday, October 9 which is less than three months to the polls.

Article 112 of the Ghana Constitution spelt out the guidelines for summoning in parliament and dissolution of the House.

It states:

(5) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral commission in writing within seven days after the vacancy occurred, and a by-election shall be held within thirty days after the vacancy occurred.

(6) Notwithstanding clause (5) of this article, a by-election shall not be held within three months before the holding of a general election.

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Meanwhile, the governing New Patriotic Party has selected his wife, Ophelia Hayford, as the party’s replacement.

But she would not go to parliament for the reminder of the late MP’s tenure.

Professor Oquaye made the pronouncements in parliament on Wednesday, October 14. This was shortly after first Deputy Speaker Joe Osei Owusu drew the attention of the House to that provision in the Constitution

Article 112 of the Ghana Constitution spelt out the guidelines for summoning in parliament and dissolution of the House.

It states:

(5) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral commission in writing within seven days after the vacancy occurred, and a by-election shall be held within thirty days after the vacancy occurred.

(6) Notwithstanding clause (5) of this article, a by-election shall not be held within three months before the holding of a general election.

Professor Oquaye made the pronouncements in parliament on Wednesday, October 14. This was shortly after first Deputy Speaker Joe Osei Owusu drew the attention of the House to that provision in the Constitution.

The House advised the media to take cognisance of the Constitutional provision to prevent peddling falsehood.