2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana addressed the constitutionality of L.I. 1983, which purported to reassign certain electoral areas between Greater Accra and Eastern Regions. They found the instrument to be procedurally flawed and unconstitutional due to overstepping the statutory maturity requirement. Additionally, issues around the customary authority and boundaries involving Akuse and surrounding areas complicated the matter further by raising chieftaincy disputes. Ultimately, the court nullified the problematic version of L.I. 1983 and held the plaintiffs' claims valid to the extent of the judgment.
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