EC Sued Over By-Election Date

By Malik Sullemana

Mr Bismark Aborbi-Ayitey, a Ghanaian has filed a writ at the Supreme Court (SC) challenging the decision by the Electoral Commission (EC) to hold the Ayawaso West Wuogon by-election on January 31.

The EC has fixed January 31, 2019 for the Ayawaso West Wuogon Constituency by-election following the death of Emmanuel Kyeremanteng Agyarko, Member of Parliament for the area on November 21, 2018.

Mr Aborbi-Ayitey who filed the writ argued that the decision to conduct and supervise a by-election in the said constituency five days after the expiration of the 60 days period is inconsistent with and in contravention of Article 112(5) of the 1992 constitution.

Mr Aborbi-Ayitey in his statement of case filed by his counsel Dr Dominic Akurutinga Ayine contended that the EC would be acting in breach of the constitution having been notified of the vacancy by a letter addressed to the Chairperson of the EC by the Clerk to Parliament.

Article 112(5) provides: "Whenever a vacancy occurs in Parliament, the Clerk to 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 within sixty days after the occurrence of the vacancy."

Counsel submitted that the writ was not seeking the Supreme Court to interpret a constitutional provision but to enforce the compliance with the dictates of the constitution by those "wielding executive, legislative or other constitutional power such as the power to conduct and supervise elections which is vested in the EC".

The plaintiff asked the apex court to declare that by a true and proper reading of Article 112(5) of the constitution, the by-election to fill the vacancy must be held within 60 days after the occurrence of the vacancy.

"A declaration to conduct and supervise the by-election in the Ayawaso West Wuogon Constituency on January 31, 2019 and not before or on January 26, , 2019 is inconsistent with and in contravention of Article 112(5) of the Constitution and is therefore null and void and of no effect."

The plaintiff urged the court to make an order directed at the EC to conduct and supervise the Ayawaso West Wuogon Constituency by-election not later than January 26, 2019 in consonance with the mandatory constitutional timeframe.

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