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ABU RAMADAN AND EVANS NIMAKO
V.
THE ELECTORAL COMMISSION AND THE ATTORNEY GENERAL

(2016) JELR 65086 (SC)

Supreme Court 5 May 2016 Ghana
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- Supreme Court affirmed that the Electoral Commission has a constitutional duty under Article 45(a) to compile a reasonably accurate and credible voters’ register; the presence of ineligible and deceased persons renders the register inaccu

Case Details

Suit Number:CIVIL APPEAL NO. J1/14/2016
Judges:WOOD (MRS) CJ (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, BENIN JSC, AKAMBA JSC
Counsel:NANA ASANTE BEDIATUO WITH HIM MISS OFOSUA AMAGYEI FOR THE PLAINTIFFS; THADDEUS SORY FOR THE 1ST DEFENDANT., MRS. AFRIYIE ANSAH (CHIEF STATE ATTORNEY) WITH HER MISS. IVY VANDERPUIJE (SENIOR STATE ATTORNEY) FOR THE 2ND DEFENDANT.

JUDGEMENT

GBADEGBE JSC

On or about February 25, 2016 the plaintiffs issued a writ before us seeking the following reliefs:

1. “A declaration that upon a true and proper interpretation of article 45(a) of the constitution of the Republic of Ghana, 1992 (hereinafter, the “constitution”), the mandate of the Electoral Commission of Ghana to compile the register of voters implies a duty to compile a reasonably accurate and credible register
2. A declaration that the current register of voters which contains the names of persons who have not established qualification to be registered is not reasonably accurate or credible and therefore inconsistent with article 45(a) of the constitution thereby making same unconstitutional, null and void of no effect.
3. A declaration that the current register of voters which contains the names of persons who are deceased is not reasonably accurate or credible and is therefore inconsistent with article 45(a) of the constitution thereby making same unconstitution…

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