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VALENTINE EDEM
V.
MR HENRY AMETEFE AND 5 ORS

(2020) JELR 92016 (SC)

Supreme Court 24 Jun 2020 Ghana
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- This case involves a reference by the High Court regarding the enforcement and interpretation of the Constitution, 1992 in relation to constituency boundaries in Ghana. - The main question is whether the existing legislation, C.I. 95, whi

Case Details

Suit Number:REFERENCE NO. J6/01/2020
Judges:BAFFOE-BONNIE, JSC (PRESIDING) , PWAMANG, JSC , MARFUL-SAU, JSC , AMEGATCHER, JSC , KOTEY, JSC , OWUSU, JSC , LOVELACE-JOHNSON, JSC
Counsel:C. K. KOKA FOR THE PLAINTIFF CHRIS A. ACKUMMEY FOR 1ST TO 4TH DEFENDANTS JUSTIN AMENUVOR WITH HOPE AGBOADO FOR THE 5TH AND 6TH DEFENDANTS

JUDGMENT

PWAMANG, JSC

This case is a reference by the High Court, Ho of a question involving the enforcement and interpretation of the Constitution, 1992 that arose on the face of the processes filed in Suit No. E12/09/2020 pending in that court. We have examined the case stated in the reference by the trial judge and considered the documents attached to it and are of the view that the appropriate question that has  to be answered in this reference is whether or not C.I. 95 which is the subsisting legislation that delimits constituency boundaries in Ghana is inconsistent with Article 47(2) of the Constitution, 1992 by virtue of C.I. 112 which contains the boundaries of the newly created Oti Region, to the extent that C.I. 95 provides that the traditional  areas of Santrokofi, Akpafu, Lipke and Lolobi all in the Oti Region are part of the Hohoe Constituency in the Volta Region of  Ghana and therefore to the extent of that inconsistency is unconstitutional. We do not find the reference in…

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