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BENJAMIN EYI MENSAH
V.
THE CHAIRMAN ELECTORAL COMMISSION AND THE ATTORNEY GENERAL & MINISTER FOR JUSTICE

(2015) JELR 68935 (SC)

Supreme Court 27 Feb 2015 Ghana
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- The plaintiff is seeking a declaration that certain actions taken by the Electoral Commission in relation to the District Assembly elections were unconstitutional. - The main issue in the case is whether there was existing legislation cov

Case Details

Suit Number:CIVIL APPEAL NO. J1/11/2015
Judges:ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC
Counsel:ALEXANDER KWAMINA AFENYO-MARKIN FOR THE PLAINTIFF, JAMES QUASHIE-IDUN WITH HIM ANTHONY DABI FOR THE 1ST DEFENDANT, WILLIAM KPOBI (CSA) WITH HIM MISS JOAN KING (SSA) FOR THE 2ND DEFENDANT

JUDGEMENT

The plaintiff by his writ claims against the defendants as follows:-

“A declaration that:
I. On a true and proper interpretation of Article 51 of the 1992 Constitution, a Constitutional Instrument to demarcate the boundaries for both the national and local Government elections comes into force only after the expiration of 21 sitting days after it has been laid before Parliament and that C.I. 85 could only come into force after Parliament had passed same.
II. On a true and proper interpretation of Article 51 of the 1992 Constitution, the opening and closing of nominations for District Assembly elections when there was no existing Constitutional Instrument empowering the Electoral Commission to receive nominations was unconstitutional.
III. The opening and closing of nominations for District Assembly elections by the Electoral Commission when the Constitutional Instrument empowering it to do so had been laid before Parliament for consideration was an usurpation of the Constitutiona…

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