The Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe alias Abronye DC has expressed his thought on the death of a presidential or parliamentary candidate before general election in Ghana.

He quoted, "Under the 1992 constitution of Ghana, specific reference to article 50 clause 4 which says 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 . Two scenarios can be picked from clause 4 of article 50 of the constitution".

"Further reading of Regulation 17 (3) posits that, where the deceased candidate was an independent candidate, the Commission shall not permit the nomination of another person and proceedings in relation to the election shall continue. What this means is that, where the deceased person was either an independent presidential or Parliamentary candidate in the election, the Commission ie Electoral Commission shall not permit the nomination of another person or replacement and proceedings in relation to the election shall continue", he stated.

Read below his full statement;

Kwame Baffoe Abronye Writes

IS IT TRUE THAT A CERTAIN PRESIDENTIAL CANDIDATE IS DEAD?

Under the 1992 constitution of Ghana, specific reference to article 50 clause 4 which says 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 . Two scenarios can be picked from clause 4 of article 50 of the constitution.

First scenario is where at the close of nominations, but before the election,one of the presidential candidates dies, a further period of ten days shall be allowed for nominations.

Second scenarios, is where the death occurs in either a district assembly election or Parliamentary election at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty-one days.

It could also be gleaned from C.I. 127 Regulation 13 subregulation 4 ,which says that where at the close of nominations, but before the election, one of the candidates, a further period of ten days shall be allowed for nominations. In this regard, I think that the framers of the law were making reference to the case where a Presidential candidate dies at the close of nominations, but before the election. See Regulation 13 (5) which also talks about where death occurs in a parliamentary election or district assembly election.

Regulation 17 (1) of C.127, says that where an election is to be held and a candidate dies on the eve of the election and proof of the death of the candidate is given to returning officer before the commencement of the poll the returning officer shall put on hold, proceedings in relation to the election and inform the commission.

Regulation 17 (2) , says that the Commission shall on receipt of information under subregulation (1) adjourn the poll and allow a period of ten days for the political party to which the candidate belonged to nominate a new candidate.

Further reading of Regulation 17 (3) posits that,where the deceased candidate was an independent candidate, the Commission shall not permit the nomination of another person and proceedings in relation to the election shall continue. What this means is that, where the deceased person was either an independent presidential or Parliamentary candidate in the election, the Commission ie Electoral Commission shall not permit the nomination of another person or replacement and proceedings in relation to the election shall continue.

I shall now invite the lawyers and judges to give their interpretation.

Adelaide, I am waiting for your thought.