No by-election in Mfantseman
The leadership of Parliament has indicated that there would be no by-election in the Mfantseman Constituency. The comment follows media publications purporting that there would be a by-election in the constituency, following the murder of the Member of Parliament (MP) during a robbery attack.
Per article 112(5) of the 1992 Constitution, whenever a vacancy occurs, the Clerk to Parliament shall notify the Electoral Commission in writing within seven days after the vacancy occurs, and a by-election shall be held within thirty days. But clause 6 of the same Article 112 states that “there will not be a by-election if the vacancy occurred within three months to elections.”
The leadership has, therefore, warned media personnel to desist from misinforming the public of a possible by-election. “There will be no by-election in the Mfantseman Constituency, and this is in accordance with Article 112(5) and (6) of the 1992 Constitution,” Haruna Iddrisu, Minority Leader, said yesterday.
He indicated that the only thing that could be done is for the party to nominate a candidate to represent the constituency in the upcoming elections.
Per the constitution, any incident that happens after 7th September will not trigger a by-election, Mr Iddrisu added.
The Speaker, Prof. Aaron Michael Oquaye, also indicated that the media should learn to quote from the constitution holistically.
He said per the constitution, a by-election can’t be organised because the time frame was not in line with the constitutional requirements.
“We are not within the three months that the constitution gave, so there cannot be a by-election. Let us not misadvise ourselves. We will add more insult to injuries if we become unnecessarily speculative. We should all learn to quote from the constitution,” the Speaker said.
The First Deputy Speaker, Mr Joseph Osei-Wusu, who also commented on the issue, said all discussions should recognise this constitutional rule. “The media should endeavour not to mislead the public. They should quote the Constitution.”