Dr. Rasheed Draman, Executive Director of the African Centre for Parliamentary Affairs (ACEPA), is calling on Parliament to relook at the provision in the constitution regarding procedures upon the demise of a President or an MP.
Ghana’s 1992 Constitution has no specific provision detailing the exact procedure for informing Parliament about an MP’s death. But, Article 97(1)(b) states that a seat in Parliament becomes vacant when an MP dies.
A more formal process, however, involves the Speaker of Parliament being officially notified of the death through official channels, which would then trigger the Clerk of Parliament to inform the Electoral Commission. This notification would then lead to arrangements for a by-election to fill the vacant seat.
But according to Dr. Draman, the Constitution’s silence on the time-frame within which the family should officially inform the Speaker is problematic, and needs to be fixed.
“How long does it take for the law to be triggered, for the House to be officially notified? That is not clear and spelt out in the constitution. The constitution just says when the Clerk becomes aware and I think that is where the lacuna is.
“That’s where our leaders, Members of Parliament must sit together and say there is a gap in the constitution which we need to address. Until then, I think we can have some working arrangements,” he said whilst speaking on Ghana Tonight on TV3 Thursday, July 17, 2025.
His comments come in the wake of a row in Parliament over the demise of the Akwatia Member of Parliament (MP), which led to a boycott by the Minority caucus.
The Minority in Parliament staged a walkout on Thursday, July 17, 2025, in protest against comments made by Majority Leader, Mahama Ayariga, concerning the yet-to-be-declared vacancy of the Akwatia parliamentary seat following the death of MP Ernest Yaw Kumi.
Ayariga, raising the matter during proceedings, questioned Speaker Alban Bagbin on when the seat would be formally declared vacant.
He referred to a recent visit by Parliamentary leadership to the late MP’s family, noting that the death had been acknowledged during that interaction.
“Whenever a vacancy occurs in Parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after becoming aware. Mr. Speaker, if Ghanaians ask the Clerk if they are aware or not, can he say he is not aware?
“After being informed by the Leader of the Caucus through a statement in this House, the Clerk himself followed up at his house and met the family members of the deceased, and they confirmed to him that the deceased had passed. And this was on national television,” He stated.
In response, Speaker Bagbin clarified that Parliament could not proceed with declaring the seat vacant or notify the Electoral Commission until it receives formal communication from the bereaved family.
The situation grew tense when Ayariga alleged that the New Patriotic Party (NPP) had already circulated campaign posters featuring the late MP’s widow, Mavis Kumi, indicating her intention to contest the anticipated by-election.
The Minority found Ayariga’s remarks inappropriate and insensitive, describing them as premature and politicising a period of mourning. In protest, they walked out of the chamber.
By: Felix Anim-Appau, Onua Online
