Ratio DecidendiRatio Decidendi



DR. KWAME AMOAKO TUFFUOR, BENJAMIN ARTHUR AND ADREBA ABREFA DAMOAH
V.
ELECTORAL COMMISSION AND ATTORNEY GENERAL

(2016) JELR 65619 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J1/1/2017 ·  14 Nov 2016 ·  Ghana
CORAM
ATUGUBA JSC, (PRESIDING) DOTSE JSC, ANIN YEBOAH JSC, BAFFOE- BONNIE JSC, BENIN JSC, APPAU JSC, PWAMANG JSC

Ratio Decidendi

Core Terms Beta
regulation
constitution of the republic of ghana
electoral commission
inter alia
public elections regulations
polling station
ballot boxes
close of the poll
representation of the people law
results
returning officer
special voting
ballots
c. i.
declaration
presiding officer
special vote
special voters
mutatis mutandis
parliamentary elections
part of public elections
proper interpretation of article
seals of the commission
supreme court
attorney general
ballot papers
ballot papers of that station
conclusion of the poll
first defendant electoral commission
following issues
further order
general election
honourable court
kwesi nyame-tease eshun v
memorandum of issues
plaintiffs claim
poling station
polling agents
present case
presiding officers
respect of special voting
results of the count
results of the special vote
results of the voting
secret ballot
such fractional declaration of results

JUDGEMENT

ATUGUBA, JSC

FACTS

By their writ dated 27/10/2016 the plaintiffs claim as follows:

“1. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992 ‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.
2. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, and Section 13 of the Representation of the People Law, 1992; PNDCL 284 the ballots to be cast pursuant to Regulation 23(1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) of the Public Elections Regulations, 2016; CI 94 by special voters in the December, 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date(s) of the special voting; by the presiding officers and the results at each poling station; before communicating same to the returning officer.
3. A declaration that …
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