The Constituency Chairman of the opposition National Democratic Congress (NDC) in the Ayawaso West Wuogon, Bismark Aborbi-Ayitey, has filed a suit at the Supreme Court challenging the January 31, 2018 date set by the Electoral Commission for the by-election in the area.
According to the suit, which has the Electoral Commission and the Attorney General as defendants, the 31st January 2019 date exceeds the 60-day period as stipulated in the constitution.
A declaration that the decision of the 2nd defendant to conduct and supervise the bye-elections in 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,” Bismark said in his suit.
Article 112 (5) of the constitution states that “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.”
He thus wants the court to order the Electoral Commission to organize the by-election before or by January 26, 2019.
“An order of this Honourable Court directed at the 2nd defendant to conduct and supervise the Ayawaso West Wuogon constituency bye-election not later than the 26th of January 2019 , in consonance with the mandatory constitutional time frame.”
The Ayawaso West Wuogon seat became vacant after the death of Mr Emmanuel Kyeremanteng Agyarko, the sitting Member of Parliament on Wednesday, November 21, 2018.
The EC has set January 31, 2019 for the by-election.
The wife of late MP, Lydia Seyram Alhassan won the primary of the NPP in the constituency and is seeking to takeover the seat.She filed her nomination to contest the vacant seat at the Electoral Commission over the weekend.
The opposition National democratic Congress, NDC, in the constituency, has also elected Delali Kwasi Brempong its 2016 Parliamentary candidate, to vie for the seat.He also filed his nomination at the EC last Friday.