ABBAN CJ
In the present application, the applicants are asking the Supreme Court to stay proceedings in writ No 7/96. In the said writ No 7/96 the plaintiff, Brigadier (Rtd) Albert Nii Tehn-Addy, has invoked the original jurisdiction of this court contending that the conduct of the National Electoral Commission (the second defendant in that writ) in refusing to register him (the plaintiff) as a voter is inconsistent with and in contravention of articles 42, 45 and 46 of the Constitution, 1992.
Article 2(1) of the Constitution, 1992 provides that:
“2. (1) A person who alleges that—
...
(b) any act or omission of any person;
is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.”
It is clear that in view of the first relief sought in the plaintiff’s writ No 7/96, the Supreme Court is the proper forum which the plaintiff, Brigadier (Rtd) Albert Nii Tehn-Addy, should resort to, and not the High…