2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In this original constitutional matter, the plaintiffs challenged the legality of the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983), asserting that one version impermissibly shifted seven electoral areas—Osorkutu, Bungalow, Akutue, Zongo New Town, Amedeka, Natriku and Salom—from the Lower Manya Krobo District (Eastern Region) to the Dangme West District (Greater Accra Region). The Supreme Court noted two versions of L.I. 1983 were gazetted on October 19, 2010, with one purporting to commence on November 24, 2010. The Court held that determining the proper regional location would require resolving the extent of the Osudoku State under the 1952 Local Council instrument and an active chieftaincy dispute regarding Akuse, which lies beyond its original jurisdiction. Focusing on validity, the Court declared the November 24 version unconstitutional under Article 11(7) and affirmed the original version’s presumption of regularity.
J U D G M E N T
ATUGUBA, J.S.C:
On the 24th day of December, 2010, the plaintiffs issued a writ in this court claiming:
i. “A declaration that the creation and specification of a new District Electoral Area by the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) made in exercise of the powers conferred on the Minister responsible for Local Government by Section 3(3) and (4) of the Local Government Act, 1993 (Act 462), is inconsistent with and in contravention of Article 5 of the Constitution, 1992, to the extent that its effect with regard to the Lower Manya Krobo District (which is in the Eastern Region) and the Dangme West District (which is in the Greater-Accra Region), is to alter the boundaries between the Greater-Accra Region and Eastern Region.
ii. A declaration that the specification by the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) that Osorkutu, Bungalow, Akutue, Zongo New Town, Amedeka, Natriku and Salom Electoral Areas (previously part of the Lower Manya Krobo District in the Easter Region as per the specification made by C.I. 46 of 2004), are now part of the Dangme West District in the Greater-Accra Region, is in excess of the powers conferred on the Minister responsible for Local Government by Section 3(3) and (4) of the Local Government Act, 1993 (Act 462)
iii. A declaration that upon a true and proper interpretation of Articles 241 (2) and Article 5 of the Constitution, Parliament acted in excess of its powers by approving, adopting and enacting L.I. 1983.
iv. A declaration that upon a true and proper interpretation of Articles 241 and Article 5 of the Constitution, 1992, the Minister responsible for Local Government acted in excess of the powers conferred on him by the Local Government Act, 1993 (Act 462) by specifying Osorkutu, Bungalow, Akutue, Zongo New Town, Amedeka, Natriku and Salom Electoral Areas (previously part of the Lower Manya Krobo District in the Eastern Region as per the specification made by C. 1. 46 of 2004), as now part of the Dangme West District in the Greater-Accra Region under the Local Government (Creation of New District Electoral Areas of Designation of Units) Instrument, 2010 (L.I. 1983)
v. An order declaring as null, void and of no effect the Local Government (Creation of New District Electoral Areas and Designation Units) Instrument, 2010 (L.I. 1983) made in exercise of