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RANSFORD FRANCE
V.
THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

(2012) JELR 65981 (SC)

Supreme Court 19 Oct 2012 Ghana
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- The plaintiff, a Ghanaian citizen, filed a writ in 2012 challenging the discretionary power of the 1st defendant in creating new constituencies and the requirement to make regulations consistent with the Constitution to govern this power.

Case Details

Suit Number:CIVIL APPEAL NO. J1/19/2012
Judges:ATUGUBA AG .C.J (PRESIDING), DR. DATE-BAH J.S.C, ADINYIRA (MRS) J.S.C., OWUSU (MS.) J.S.C, ANIN-YEBOAH J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS.) J.S.C
Counsel:GODFRED DAME YEBOAH WITH HIM EVA OTCTHERE MIKE OCQUAYE JNR; LED BY NANA JOE GHARTEY AND EFUA GHARTEY FOR THE PLAINTIFF.,JAMES QUARSHIE-IDUN (WITH HIM ANTHONY DABI) FOR THE 1ST DEFENANT.,SYLVESTER WILLIAMS (PRINCIPAL STATE ATTORNEY) FOR THE 2ND DEFENDANT.,DAVID ANNAN FOR 1ST AMICUS CURIAE.,DR. DOMINIC AYINE AS 2ND AMICUS CURIAE.

JUDGMENT

DR. DATE-BAH JSC

On 6th July 2012, the plaintiff, a citizen of Ghana, issued a writ to invoke the original jurisdiction of this Court indorsed with the following reliefs:

(i) “A declaration that upon a true and proper interpretation of Articles 23, 51 and 296 (c), the 1st defendant in the exercise of its functions and discretionary power in creating new constituencies, is required to make by Constitutional Instrument, regulations not inconsistent with the Constitution or any other law to govern the exercise of its discretionary power;
(ii) An order directed at the 1st Defendant compelling the 1st Defendant to, as required by Articles 51 and 296 (c) of the 1992 Constitution, make by Constitutional Instrument not inconsistent with the Constitution or any other law, regulations to govern the exercise of its discretionary power to create new constituencies including in particular, the specification of the formula and mechanism to be used in the creation of new constituencies;
(iii) A …

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