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IN THE MATTER OF THE FOURTH REPUBLICAN CONSTITUTION OF GHANA 1992 & ANOTHER
V.
THE ATTORNEY GENERAL

(2004) JELR 68361 (SC)

Supreme Court 5 Mar 2004 Ghana
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- The plaintiff is seeking a declaration that the Electoral Commission has the right to include newly created constituencies in the 2004 Presidential and Parliamentary Elections. - The plaintiff's action is based on the controversy surround

Case Details

Suit Number:J1/1/2004
Judges:ACQUAH CJ (PRESIDING,MISS AKUFFO J.S.C,BADDOO J.S.C,DR. TWUM J.S.C,PROF. KLUDZE J.S.C
Counsel:MR. ASUMAH KYEREMEH FOR PLAINTIFF,MR. JAMES QUARSHIE IDUN (JR.) WITH ADUAMOAH OSEI FOR THE ELECTORAL COMMISSION,DR. SOMTIM TOBIGA FOR PNC

JUDGMENT

ACQUAH, CJ

The Plaintiff invokes the original jurisdiction of this court, for:—

"(c) A declaration that upon a true and proper interpretation of Article 47(1)(5)(6) and 113 of the Constitution of the Republic of Ghana 1992. The Electoral Commission has the right to include the newly created constituencies in the 2004, Presidential and Parliamentary Elections contrary to the position being held by the National Democratic Congress (NDC) and other section/sections of the public do contend otherwise and do support the position of the Electoral Commission thereby creating controversy in respect of the articles 47 and 113 of the Constitution, 1992 (sic).

(d) An order of perpetual injunction restraining any group of people, any Political Party that purports to derail the effort of the Electoral Commission to include the thirty (30) newly created constituencies in the 2004 General and Parliamentary Elections to be held in December, 2004."

The Plaintiff's writ was supported by a Statement …

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