EXPLAINER: Will there be a by-election at Manhyia South after NAPO’s selection as NPP running mate?

The parliamentary primaries held by the NPP on Sunday, July 14, 2024, which saw Nana Adjei Baffour Awuah being elected as the party’s parliamentary candidate, have further heightened the rumours with some saying that a by-election to elect the new representative for the people of Manhyia South in Ghana’s parliament is imminent.

But does NAPO’s selection as NPP’s running mate mean his seat has been declared vacant? What do the laws of Ghana say, and has there been any precedent?

What the 1992 Constitution says about vacancy in parliament and by-elections:

The Constitution of Ghana clearly states the conditions under which a seat in parliament can be declared vacant, and one taking on the vice-presidential candidate role is not one of them.

Article 97 of the Constitution, which touches on the tenure of MPs, lists resignation, death, and a member being found guilty of a crime as some of the reasons for the declaration of seats to be vacant.

Here are the exact words of Article 97:

1.
A member of Parliament shall vacate his seat in Parliament—

(a) upon a dissolution of Parliament; or

(b) if he is elected as Speaker of Parliament; or

(c) if he is absent, without the permission in writing of the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parliament has been summoned to meet and continues to meet; or

(d) if he is expelled from Parliament after having been found guilty of contempt of Parliament by a committee of Parliament; or

(e) if any circumstances arise such that, if he were not a member of Parliament, would cause him to be disqualified or ineligible for election, under article 94 of this Constitution; or

(f) if he resigns from office as a member of Parliament by writing under his hand addressed to the Speaker; or

(g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or

(h) if he was elected a member of Parliament as an independent candidate and joins a political party.

The Standing Orders of Parliament also state that it is only the Speaker of Parliament who can declare seats vacant under any of the conditions stated above.

By-election:

Even after the Speaker has declared a seat vacant, there is still a process to follow for a by-election to be held.

The Clerk of Parliament is to notify the Electoral Commission of Ghana of the vacancy in parliament, and the commission, within a stipulated period of time, is expected to hold the by-election.

Article 112 of the Constitution states that: “Whenever a vacancy occurs in Parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after becoming aware that the vacancy has occurred; and a by-election shall be held within thirty days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within sixty days after the occurrence of the vacancy”.

Can there be a by-election before December 7, 2024?

Another important point to note is whether there would be a by-election or not if NAPO has tendered his resignation to the Speaker of Parliament given the closeness of the pending 2024 polls.

Article 112 of the Constitution touches on this area and states that no by-election can be held three months before a general election.

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

In conclusion, even though there can be a by-election in Manhyia South, the necessary conditions for it to take place have not been met.

NAPO, who was also the Minister for Energy, publicly tendered his resignation as minister and not as a Member of Parliament, meaning he is still the people’s representative for Manhyia South.

Also, there has been precedent: when former President John Dramani Mahama was selected as the vice-presidential candidate of the late former President John Evan Fifi Atta Mills, he was the National Democratic Congress MP for Bole. His seat was not declared vacant.

So, until NAPO resigns as MP, he is still the representative of the people of Manhyia South in Parliament, and there is not going to be a by-election.

BAI/OGB

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