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ELORM KWAMI GORNI
V.
ATTORNEY GENERAL & NATIONAL HOUSE OF CHIEFS

(2022) JELR 111290 (SC)

Supreme Court 1 Nov 2022 Ghana
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- The case involves a citizen of Ghana seeking an interpretation of the phrase "active party politics" in the Constitution. - The court determines that the phrase does require interpretation and analyzes the historical and political backgro

Case Details

Suit Number:J1/08/2020
Judges:DOTSE J.S.C. (PRESIDING), PWAMANG J.S.C., AMEGATCHER J.S.C., PROF. KOTEY J.S.C., OWUSU J.S.C., LOVE-LACE JOHNSON J.S.C., KULENDI J.S.C.
Counsel:PLAINTIFF appears for himself; CLARENCE BONSU for Defendant.

JUDGMENT

KULENDI JSC

The Plaintiff, a citizen of Ghana, commenced this action on the 19th day of November 2020, invoking the original jurisdiction of this Court under Articles 2(1) and 130(1)(a) of the 1992 Constitution of Ghana and Rule 45 of the Supreme Court Rules, 1996, C.I 24 claiming the following reliefs:

a. An interpretation of the phrase "active party politics" as used in Article 276 (1) of the 1992 Constitution of Ghana.

b. A declaration that certain Chiefs who, during the electioneering campaign leading up to the 2020 General Elections, "endorsed" one or the other of the presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo, and the presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama, were, by virtue of such endorsement, involved in "active party politics," per the intent and purpose of Article 276(1) of the 1992 Constitution of Ghana.

c. That an endorsement by a Chief of any presidential and or parliamentary candi…

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