The Chairman of the National Democratic Congress (NDC), Mr Samuel Ofosu-Ampofo, has stressed that the holding of a by-election in the event of the death of a Member of Parliament (MP) was a constitutional matter.
According to him, the constitution was clear that a by-election was supposed to take place 60 days after the death of a sitting MP, saying that stance was non-negotiable.
Mr Ofosu-Ampofo was reacting to a question on the call by an MP of the opposition NDC, following the demise of Mr Emmanuel Kyeremanteng Agyarko, the MP for the Ayawaso West Wuogon Constituency, that the party should not field a candidate but rather allow the New Patriotic Party (NPP), the party of the late MP, to find a replacement for him.
Article 112 (5) of the 1992 Constitution says “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 30 days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within 60 days after the occurrence of the vacancy.”
Mr Ofosu-Ampofo, stating the official position of the NDC, however, said “that is a constitutional matter.
The constitution plainly says there should be a by-election in 60 days and so that is not a decision for the party to make. The law says there should be a by-election and that is exactly what will be done.”
Ras Mubarak
The NDC MP for the Kumbungu Constituency in the Northern Region, Mr Ras Mubarak, had suggested to the NDC and other political parties not to put up a candidate for the Ayawaso West Wuogon seat.
Mr Mubarak wrote on his Facebook wall that “we should have an agreement amongst ourselves that if a sitting MP dies, the party from which he was an MP should select a candidate to serve his remaining term.”
His comment came after the death of the Member of Parliament of the area, Emmanuel Kyeremanteng Agyarko, last Wednesday, November 21, 2016.
Mr Agyarko went to the United States to seek medical care.
Mr Agyarko, who was married with seven children, had been the MP for the Ayawaso West Wuogon Constituency since 2012.
The late MP was a pharmacist and a politician born on December 10, 1957 at Odumase-Krobo in the Eastern Region.
Saving cost
It was also the contention of Mr Mubarak that selecting a member from the NPP will save the country and the various political parties some money.
Source: Graphic.com
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Yes, the by-election is constitutional and non-negotiable. but the participation or no-participation of a political party in a by-election is not constitutional and non-negotiable.
A By-Election must be held in compliance with our Constitution's provision...If we attempt to change this provision in our Constitution then we must be looking forward to breaking every rule so long as these are not user-friendly. We must be cautious in making decisions based on sentiments. Loosing life is a sad thing but but being democratic is also good for our nation.
THIS MAN HAS BEEN RUNNING HIS MOUTH DIARRHEA ON NANA AND NPP ANYTIME HE IS PRESENTED WITH THE SLIGHTEST OPPORTUNITY. TRUMPETING HIMSELF FOR HAVING ACHIEVED EVERYTHING UNDER THE SUN, THE NEW NDC CHAIRMAN HAS MESSED UP MISERABLY HIS FIRST TEST OF JUST SETTING THE GROUND RULES FOR THE PARTY'S FLAG-BEARER SLOT. INDEED FROM AFAR THE PICTURE IS DIFFERED. A BIG FAILURE.
OFOSU DONT BE STOMACH DIRECTION CHAIRMAN JABBING MUBARACK BECAUSE HE IS NOT IN MAHAMA'S CAMP.WHAT WAS WRONG ABOUT THIS SUGGESTION? MAHAMA'S MARFIAS ARE ATTACKING LEFT AND RIGHT.WHY DIDNT YOU LET HIM GO UNOPPOSED?
Just look at the 2 face and the double standard NDC. Wasn't the by-election for JB Danquah Adu's seat constitutional? Yet the the NDC refused to take part (check the reasons they advanced for not taking part). What has changed and they are now saying a different thing for the Ayawaso west wogon. Just be truthful to Ghanaians and say you never stood a chance with JB's seat so you decided not to contest but with Agyarko's seat you believe you can win so you will contest and stop this merry go round tactics. It doesn't work anymore, cos Ghanaians are wide awake. Our memories are no longer short. Just listen to yourself when you speak just like your founder advised.
I have tried hard to take this pampers buying Mubarak serious but to no avail. It appears to me he not learned. No wonder he is an Ashanti MP. How could he have not known the constitutional position on this basic issue that has been handled several times in the 4th Republic. He needs to sit for BECE.
Mr writer check your date very well and advise. Is last Wednesday 21,2018. Not 2016! Check very well before posting
Wise saying by Mubarak
Let do this chairman, with the current hardship and suffering, I won't be surprise if NPP loose that seat.
Who cares... NDC can fill 10 candidates and they will all lose to the npp... Simple