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NATIONAL DEMOCRATIC CONGRESS
V.
ATTORNEY-GENERAL & ORS & ANOR

(2020) JELR 109765 (SC)

Supreme Court 25 Jun 2020 Ghana
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- The relief one has already been struck out as withdrawn. - Relief two is granted, but all eligible voters must make themselves available for registration as directed by the Electoral Commission. - Relief three is granted, but subject to t

Case Details

Suit Number:J1/9/2020 & J1/12/2020
Judges:YEBOAH C.J (PRESIDING), DOTSE, BAFFOE-BONNIE, GBADEGBE, MARFUL-SAU, AMEGATCHER KOTEY, JJ.S.C
Counsel:Godwin Tamakloe for the Plaintiff in J1/9/2020 with him Seth Nyaaba. Godfred Yeboah Dame, Deputy Attorney General for the 1st Defendant in J1/9/2020 and 2nd Defendant in J1/12/2020 with him Clarence Kuwornu, Chief State Attorney. Justin Amenuvor for the 2nd Defendant in J1/9/2020 and 1st Defendant in J1/12/2020 with him Hope Agboado. Cosmas Anpengnuo for the Plaintiff in J1/12/2020.

RELIEF ONE

Already struck out as withdrawn.

RELIEF TWO

This relief is granted subject to the fact that all eligible voters must make themselves available  for registration as directed by the Electoral Commission pursuant to Public Elections (Registration of Voters) (Amendment) Regulations, 2020 C. I. 126.

RELIEF THREE

This relief is granted subject to the Voter Registration card issued to an eligible voter under the prevailing constitutional Instrument C. I. 126.

RELIEF FOUR 

Dismissed

RELIEF FIVE

Dismissed

RELIEF SIX

Is dismissed

We however reiterate the decision of this court in Abu Ramadan and Mimako (No.2) v. Electoral Commission and Attorney-General (No.2) [2015-2016] 1 SCGLR 1 where the court per Benin JSC stated:

“If the law provides for alternative ways of performing the task, the discretion is vested in the actor in deciding within the limits imposed by article 296 of the Constitution as to which one of them would best suit the task on hand.”

The court continued by re-emphasising the fact …

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