Monday, August 2, 2021

The Law and Niamina West By election

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After the demise of honourable Demba Sowe, his seat is now vacant. It is important to find out the position of the law on the vacancy. According to section 91(3) of the Constitution

It is therefore anticipated that the clerk has carried out his responsibilities.

The question now arises: What should the Independent Electoral Commission do upon receiving such information from the Clerk. Section 84 of the Elections Act reads:

“(1) If for any reason, the seat to an electoral division to which a candidate had been declared elected under section 80 becomes vacant and in the consequence a by-election becomes necessary, the Commission shall hold another election for that electoral division in accordance with the provisions of the Constitution and this Act.

“(2) Except where a vacancy occurs within nine months of the anticipated dissolution of the National Assembly or the Local Government Council, the Commission shall appoint an election day for by-election for a member to represent a Constituency or Local Government Area not later than ninety days after the seat became vacant.”

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