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NII TETTEH OPREMREH
V.
THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

(2011) JELR 67226 (SC)

Supreme Court 7 Dec 2011 Ghana
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- The Supreme Court held that under Article 11(7) of the 1992 Constitution, Parliament has no power to amend, alter, or review subsidiary legislation (Legislative Instruments) laid before it; Parliament may only annul such an instrument by

Case Details

Suit Number:WRIT NO. J1/3/2011
Judges:ANSAH (PRESIDING), ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, YEOBAH JSC, B.BONNIE ARYEETEY JSC, GBADEGBE JSC, A. BAMFO (MRS) JSC
Counsel:MR. PETER OKUDZETO (WITH HIM LYDIA ASANTE) FOR THE PLAINTIFF; MR. JAMES QUARSHIE – IDUN (WITH HIM ANTHONY DABI) FOR THE 1ST DEFENDANT., MR. SYLVESTER WILLIAMS (PRINCIPAL STATE ATTORNEY) FOR THE 2ND DEFENDANT.

JUDGMENT

GBADEGBE JSC

My Lords, by the writ of summons herein, the plaintiffs seek from us in the exercise of our original jurisdiction the following reliefs.

1. A declaration that the Local Government (Creation of New Districts Electoral Areas and Designation of Units) Instrument, 2010, LI 1983, which purportedly came into force on 24th November 2010 is unconstitutional and therefore null and void.

2. An order restraining the 3rd defendant, its agents and assigns from in any way, using the new electoral areas created under the schedule to LI 1983 for the District Assembly Elections, scheduled for 28th December 2010.

3. A declaration that on the expiration of 21 parliamentary sitting days, the original copy of LI 1983, which was laid before Parliament on 19th October, 2010 automatically came into force in accordance with article 11(7) of the Constitution, 1992.

4. An order directed at the 3rd defendant to use only the original copy of LI 1983 as laid before Parliament on 19th October, 2010 …

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