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FRANK DAVIES
V.
ATTORNEY-GENERAL AND THE ELECTORAL COMMISSION

(2012) JELR 68590 (SC)

Supreme Court 14 Nov 2012 Ghana
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- The plaintiff filed a lawsuit challenging the constitutionality of including newly-created constituencies in the general elections of 2012. - The plaintiff argued that according to Article 47(6) of the Constitution, the alteration of elec

Case Details

Suit Number:WRIT NO. J1/1/2013
Judges:ATUGUBA J.S.C. (PRESIDING), ANSAH J.S.C., OWUSU (MS.) J.S.C., ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS.) J.S.C
Counsel:NANA ASANTE BEDIATUO FOR THE PLAINTIFF,JAMES QUARSHIE-IDUN (WITH HIM ANTHONY DABI) FOR THE 2ND DEFENDANT,NO APPEARANCE FOR THE 1ST DEFENDANT

JUDGMENT

ATUGUBA, J.S.C.

On the 4th of October, 2012 the plaintiff issued in this court a writ, J/1/2013 against the defendants claiming as follows:

1. "A declaration that upon a true and proper interpretation of Article 47(6) of the Constitution of the Republic of Ghana, 1992 (hereinafter, the "Constitution") the alteration of electoral boundaries pursuant to the Representation of the People (Parliamentary Constituencies) Instrument, 2012 (Constitutional Instrument Number 78) which passed in Parliament on October 2, 2012 (hereinafter, "C.I. 78") cannot come into effect until the next dissolution of Parliament in January 2013.

2. A declaration that not having come into effect, the constituencies created as a result of the alteration of the electoral boundaries under C.I. 78 shall not be included among the constituencies to be contested in the general elections seated [SIC] for December 7, 2012.

3. An order of perpetual injunction restraining the Electoral Commission from including the newl…

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