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CHARLES MATE KOLE AND NENE AZAGO KWESITSU
V.
THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

(2012) JELR 66688 (SC)

Supreme Court 13 Jun 2012 Ghana
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- The plaintiffs filed a writ claiming that the creation and specification of a new District Electoral Area by a legislative instrument was inconsistent with the Constitution. - They also claimed that the specification of certain electoral

Case Details

Suit Number:CIVIL APPEAL NO. J1/4/2011
Judges:ATUGUBA J.S.C. (PRESIDING), DR. DATE-BAH J.S.C., ANSAH J.S.C., ADINYIRA (MRS) J.S.C., DOTSE J.S.C., ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS) J.S.C.
Counsel:GODFRED YEBOAH DAME (WITH HIM BOYE AGYEKUMHENE) FOR THE PLAINTIFFS; JAMES QUARSHIE-IDUN (WITH HIM ANTHONY DABI) FOR THE 1ST DEFENANT.,SYLVESTER WILLIAMS PRINCIPAL STATE ATTORNEY FOR THE 2ND DEFENDANT.,NKRABEA EFFAH DARTEY (WITH HIM K. T. K. AGBAN) FOR THE CO-DEFENDANTS.

JUDGMENT

ATUGUBA, JSC

On the 24th day of December, 2010, the plaintiffs issued a writ in this court claiming:

i. “A declaration that the creation and specification of a new District Electoral Area by the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) made in exercise of the powers conferred on the Minister responsible for Local Government by Section 3(3) and (4) of the Local Government Act, 1993 (Act 462), is inconsistent with and in contravention of Article 5 of the Constitution, 1992, to the extent that its effect with regard to the Lower Manya Krobo District (which is in the Eastern Region) and the Dangme West District (which is in the Greater-Accra Region), is to alter the boundaries between the Greater-Accra Region and Eastern Region.

ii. A declaration that the specification by the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) that Osorkutu, Bungalow,…

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