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Akwatia vacancy: Afenyo-Markin clashes with Ayariga over calls for by-election

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Parliament descended into emotional chaos on Thursday as the Minority Caucus staged a dramatic walkout in protest against what they described as the gross insensitivity of Majority Leader Hon. Mahama Ayariga, following the recent passing of Akwatia MP, Ernest Yaw Kumi.

The uproar was triggered when Hon. Ayariga asked whether the Clerk to Parliament had fulfilled the constitutional obligation of notifying the Electoral Commission (EC) of the vacant seat, in line with Article 112(5) of the 1992 Constitution.

“Having officially informed this House that our colleague has passed, unfortunately, it has now become an official communication and notification of a vacancy. So the question being asked is: has the Clerk communicated to the Electoral Commission within the seven days as required by the Constitution?” Ayariga asked.

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Article 112(5) mandates that “whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral Commission in writing within seven days after the vacancy occurred, and a by-election shall be held within 30 days.”

The Majority Leader’s remarks were met with fierce backlash from the Minority. According to them, the comment was not only premature but a blatant show of political opportunism and insensitivity just days after the death of their colleague.

By-election

Minority Leader Hon. Alexander Afenyo-Markin, who had informed the House of Hon. Kumi’s passing during the sitting on Monday, July 7, expressed regret over Hon. Ayariga’s call. He clarified that his statement was never intended to trigger any formal constitutional process.

“In my statement, I indicated that this does not amount to official communication and is not part of the processes to trigger any constitutional imperative,” Afenyo-Markin insisted.

He revealed that a high-level delegation from Parliament, including the Clerk, had paid a condolence visit to the family of the late MP. There, traditional leaders explained that as a royal, certain customary protocols must be observed before any formal announcement could be made.

“The family made it clear that, being a royal, they must first return to the village and inform the larger royal family before officially notifying Parliament,” he said.

Afenyo-Markin warned against what he called a sudden twist in public discourse and attempts to coerce the Clerk into acting prematurely, saying: “Let’s not create the impression that someone is in a rush to fill a vacancy for political convenience.”

Speaker of Parliament Rt. Hon. Alban S.K. Bagbin intervened to restore order and stressed that only the Clerk of Parliament, not any individual MP, has the constitutional authority to notify the EC of a vacancy.

He criticised the way the death was announced on the floor, stating that if he had been presiding at the time, he would not have allowed it.

“We always want the proper authority to inform the House of the death of a colleague Member of Parliament before we take action. We don’t want to fall into these kinds of traps,” the Speaker cautioned.

Quoting Section 3 of the Constitution (Amendment Act, 1996), Bagbin reaffirmed that by-elections must be held within 60 days, but only after formal, verified communication from the Clerk, based on family and customary confirmation.

“The Clerk must receive formal information based on customary and family procedures. Until then, no one can trigger the constitutional process,” he emphasised.

Unable to contain their disappointment, the Minority Caucus—led by Afenyo-Markin—vacated the Chamber in protest. At a heated press conference shortly after, Second Deputy Minority Whip and MP for Weija-Gbawe, Hon. Shuaib Ahmed, lashed out at Ayariga’s comments, describing them as heartless and insensitive.

“We are extremely sad and disappointed by the very insensitive nature of the Majority Leader. Of all days, he chose today to raise a matter that only reminds us of the devastating news we received on July 7,” Ahmed lamented.

He accused Ayariga of treating Parliament like a mortuary rather than a House of dignity.

“All that the Majority Leader is thinking about is an election. He’s speaking as though he works at the mortuary—certifying and clearing the way for a by-election while we are still mourning.”

Ahmed dismissed suggestions that campaign posters of the late MP’s widow were being circulated in Akwatia as the New Patriotic Party’s (NPP) next candidate. That is not the case,” he stated firmly.

The late Hon. Ernest Yaw Kumi, a respected first-term MP, was widely admired across the political divide for his humility, commitment, and work ethic. His passing has cast a long shadow over Parliament, with many calling for sobriety, compassion, and reverence, not political calculation.

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