With the unfortunate passing of Akua Donkor, presidential candidate for the Ghana Freedom Party (GFP) ahead of the upcoming December 2024 elections, the implications on the electoral process have been a topic of considerable discussion.
Dr. Tanko Rashid Computer, Deputy Director of Elections and IT for the National Democratic Congress (NDC) provided insight into the legal and procedural implications for the NDC and other parties, emphasizing the clarity of the law on such issues.
Dr. Rashid began by extending his condolences to the bereaved family, saying, “Let me, first of all, express my condolences to the grieved family. I share in their grief but as a party, it doesn’t mean anything to us.” He highlighted that, while the party is empathetic to the situation, it sees no direct legal impact on their campaigns or standing in the elections.
Legal Framework: Parliamentary and Presidential Candidates
Explaining the relevant legal guidelines, Dr. Rashid stressed that the current legal framework focuses primarily on parliamentary candidates. According to him, this limitation is significant when analyzing how Akua Donkor’s passing impacts the election setup.
“The law is very clear. I’m sure readers should avail their minds to the enabling CI Regulation 17 (1-4). When you look at the regulation… it’s referring to a candidate in a constituency, not a presidential candidate.”
Dr. Tanko Rashid Computer Deputy Director of Elections and IT for the National Democratic Congress (NDC)
The Constitutional Instrument (CI) lays out guidelines for what should happen if a parliamentary candidate passes away before the election date.
In this case, elections within the affected constituency can be postponed for up to 21 days. However, he noted that this framework does not apply to presidential candidates.
CI 17 and PNDC Law 284-285
Clarifying further, Dr. Rashid explained the relevant legislative instruments.
“When you look at Regulation 17… it’s rather referring to a candidate in a constituency, not a presidential candidate. The CI didn’t envisage a presidential candidate’s death.”
Dr. Tanko Rashid Computer Deputy Director of Elections and IT for the National Democratic Congress (NDC)
Dr. Rashid highlighted that this limitation is rooted in the Provisional National Defence Council (PNDC) laws:
“The CI emanated from the mother law, which is a PNDC Law 284. PNDC Law 284 is referring to parliamentary candidacy, and then PNDC Law 285 refers to presidential candidacy so about the death of a candidate it’s explicitly explained.”
Dr. Tanko Rashid Computer Deputy Director of Elections and IT for the National Democratic Congress (NDC)
While PNDC Law 284 has clear provisions for handling parliamentary candidate deaths, PNDC Law 285 remains silent on presidential candidates’ demise.
This silence leaves a procedural gap in cases where a presidential candidate, like Akua Donkor, dies before election day.
Ballot Procedures for the Deceased Candidate
Given the timing of Akua Donkor’s death, Dr. Rashid noted that ballot papers with her name and photograph have already been printed.
“The number [of]ballot papers has been printed, and nothing can be done about it. What will happen is that the Electoral Commission will go ahead and, on election day, instruct presiding officers and assistants to use a pen to cancel out Akua Donkor’s picture on it.
“Otherwise, anybody who thump print on her ballot, or her picture or portion on the ballot paper, such a thump print will be considered a rejected ballot. That is the rule, we applied it severally I mean this is not the first time”
Dr. Tanko Rashid Computer Deputy Director of Elections and IT for the National Democratic Congress (NDC)
He assured that this process is not unprecedented, stating that this approach has been applied in similar cases in the past.
No Impact on the NDC’s Ballot Position
“It has nothing to do with our position on the ballot; nothing will change on it. The rule is very clear, and the law is very clear about that.”
Dr. Tanko Rashid Computer Deputy Director of Elections and IT for the National Democratic Congress (NDC)
This implies that, for the NDC, the election procedure and its campaigning efforts will proceed as initially planned.
Dr. Rashid’s statements offer clarity on the implications of Akua Donkor’s death on the electoral process.
By referencing existing laws and regulations, he underlined that the NDC, along with other political parties, must follow established protocols without alterations.
