BENJAMIN EYI MENSAH v. THE CHAIRMAN, ELECTORAL COMMISSION & THE ATTORNEY GENERAL & MINISTER FOR JUSTICE

This case concerns the constitutionality of District Level elections processes initiated by the Electoral Commission of Ghana without proper legislative backing. The plaintiff sought declarations regarding the interpretation of Article 51 of the 1992 Constitution, arguing that the Electoral Commission's actions in opening and closing nominations for District Assembly elections without a valid Constitutional Instrument (C.I. 85) in force were unconstitutional. The Supreme Court of Ghana examined various regulations and laws presented by the Electoral Commission's counsel but found that none adequately covered the District Level elections in question. The court ruled that it was unconstitutional to proceed with the impending District Level elections as there was no valid legislation covering the election processes when they were initiated. The court held that C.I. 85, which came into force later, could not have retrospective effect. The judgment emphasizes the constitutional requirement for the Electoral Commission to conduct elections under regulations made by Constitutional Instrument, as mandated by Articles 45 and 51 of the Constitution. The court declared that the District Level elections processes could begin and be conducted afresh under the current C.I. 85, unless it was revoked earlier. This case highlights the importance of proper legislative backing for electoral processes and the limits of retrospective application of Constitutional Instruments in Ghana's legal system.