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KWESI NYAME-TEASE ESHUN
V.
ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

(2016) JELR 68777 (SC)

Supreme Court 27 Oct 2016 Ghana
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- The case involves a plaintiff seeking declarations regarding the conduct of public elections in Ghana. - The plaintiff argues that the defendant, responsible for conducting and supervising elections, has a duty to conduct elections in a f

Case Details

Suit Number:CIVIL APPEAL NO. J1/24/2016
Judges:ATUGUBA JSC PRESIDING, ANSAH JSC, ADINYIRA JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, BENIN JSC
Counsel:AKOTO AMPAW WITH HIM ALEX QUAYNOO KWAKU ASIRIFIE KOFI BENTIL AND REBECCA DILONG FOR THE PLAINTIFF, THADDEUS SORY WITH HIM SEAN POKU FOR THE 1ST DEFENDANT, MRS. DOROTHY AFRIYIE ANSAH (CHIEF STATE ATTORNEY) WITH HER ZEINAB AYARIGA (ASSISTANT STATE ATTORNEY) AND VICTORIA ADORTEY (ASSISTANT ATTORNEY) FOR THE 2ND DEFENDANT

JUDGEMENT

ATUGUBA JSC:

We heard this case on 21st October 2016 and in view of its obvious urgency, adjourned for judgment today 27th October 2016. The plaintiff by his writ dated 27th September 2016 claims as follows:-

1. “A declaration that on a true and proper interpretation of articles 42, 43, 45 (c) and 51 of the Constitution 1992, the function of the 1st Defendant under article 45 (c) of the Constitution, “to conduct and supervise all public elections and referenda” implies a duty to conduct such elections in a free, fair, transparent and credible manner.”

2. A declaration that, on a true and proper interpretation of article 51 of the Constitution, 1992, the power of the 1st Defendant under Article 51 by constitutional instrument to make regulations for the effective performance of its functions under the Constitution or any other law implies a duty to make regulations that promote free, fair, credible and transparent elections.

3. A declaration that by the combined effects of Article…

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