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JANET NAAKARLEY AMEGATCHER
V.
THE ATTORNEY-GENERAL AND THE ELECTORAL COMMISSION

(2012) JELR 68568 (SC)

Supreme Court 26 Jul 2012 Ghana
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- The plaintiff filed a writ invoking the original jurisdiction of the court against the Attorney-General and the Electoral Commission. - The reliefs sought by the plaintiff include a declaration that certain sections of the Local Governmen

Case Details

Suit Number:CIVIL APPEAL NO. J1/8/2012
Judges:ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS.) J.S.C., DATE-BAH J.S.C., ADINYIRA (MRS.) J.S.C., ANIN-YEBOAH J.S.C., GBADEGBE, J.S.C., AKOTO-BAMFO (MRS) J.S.C.
Counsel:NENE AMEGATCHER [WITH HIM MRS. VICTORIA BATH DOMINIC BRENYA ,OTCHERE KWASI KELLY DELATA AND MELLESA AMARTEIFIO] FOR THE PLAINTIFF; SYLVESTER WILLIAMS FOR THE 1ST DEFENDANT.,JAMES QUASHIE – IDUN [WITH HIM ANTHONY DABI] FOR THE 2ND DEFENDANT.

JUDGMENT

DR. DATE-BAH JSC

The plaintiff’s writ invoking the original jurisdiction of this Court, filed on 6th February, 2012, was originally issued against the Attorney-General, the Speaker of Parliament, the Electoral Commission and the Minister of Local Government. By a ruling on 9th May, 2012, however, this Court struck out the Speaker of Parliament and the Minister of Local Government, relying on article 88(5) of the 1992 Constitution. Accordingly, the reliefs set out in the plaintiff’s writ are now against the Attorney-General as first defendant and the Electoral Commission as second defendant. Those reliefs are as follows:

i. “A declaration that section 1(2) of the Local Government Act, 1993 (Act 462) which provides that the President may declare an area a district and assign a name to the district by executive instrument is inconsistent with article 241 (2) and 106 (1) of the 1992 Constitution and is consequently void.

ii. An order restraining the President from making any executiv…

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