Implications of the Death of Akua Donkor, GFP Presidential Candidate – A Legal Perspective

The untimely demise of Akua Donkor, founder and presidential candidate of the Ghana Freedom Party (GFP), has raised critical questions as the 2024 presidential election approaches.

At present, neither the Constitution nor any other enactment provides guidance on this unprecedented situation. Article 51 of the Constitution empowers the Electoral Commission to issue directives through constitutional instruments for such events. However, the existing Constitutional Instrument, C.I. 127, lacks provisions to address this scenario, underscoring a lack of foresight for eventualities of this nature.

It may be argued that Article 50(4) offers a solution, but this provision applies primarily to parliamentary and other public elections, rather than presidential ones. Article 60(2) specifies that a vice-presidential candidate must be designated by the presidential candidate prior to the election whereas 60 (4) provides that “A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of article 63 of this Constitution.” This arrangement implies a two-candidate ticket in presidential elections, distinct from the single-candidate provision outlined in Article 50(4). In the event of one candidate’s absence, the other would assume their role.

To seek a resolution, we might draw inspiration from the same Article 50(4), which states: “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 is echoed in section 11(4) of the Representation of the People Law, PNDCL 284, and reinforced in the Public Elections Regulations, 2020 (C.I. 127).
Regulation 13(4) affirms: “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.”
Regulation 13 pertains to instances where the nomination period has concluded, yet a candidate passes away shortly before the election.

Regulation 17, on the other hand, addresses situations in which a candidate dies on the eve of the election, with proof of death presented to the returning officer before polling commences.

Under Regulation 17 of C.I. 127, titled “Death of a Candidate”:

(2): Upon notification, the Commission must adjourn the poll, granting the candidate’s party ten days to nominate a replacement.

(3): If the deceased candidate was an independent, no replacement is allowed, and the election proceeds as scheduled.

(4): If a political party nominates a new candidate, the Commission shall adjourn elections in the constituency of the deceased candidate for twenty-one days from the date of the new nomination.
Drawing on these provisions, several approaches could be considered to address the present situation, with an emphasis on cost-effectiveness.

Three potential scenarios are as follows:

1. Party’s Discretion: Since its two person ticket, the running mate should automatically become the presidential candidate and in consultation with the political partv, a new running mate is chosen. Some will also say it is the sole prerogative of the party to decide on a new presidential and running mate.
2. Nomination and Replacement: Should the running mate become the new presidential candidate or should the party nominate a new candidate, the party symbol and colour will remain and the picture of the deceased candidate could be crossed out. We may not have to spend new money to print new ballot papers. Except, this will require EC reaching an agreement with the party and/ or the new candidate may insist he or she be put on the ballot paper. This will require re printing but will not affect the positions of the parties from number 1 to 13.
3. No Nomination: If the party chooses not to nominate a replacement, a vacancy may arise, posing implications for the Electoral Commission and other parties. In one scenario, the ballot may need reprinting with a revised candidates list . This will mean fresh balloting to determine who is number 1, 2, 3 up to 12. Alternatively, to minimise costs, existing ballot papers could remain unchanged, with the deceased candidate’s position cancelled, thereby avoiding unnecessary expense and potential conflict.