2012
SUPREME COURT
CORAM
AI Generated Summary
This original constitutional action challenged the validity of the Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) insofar as it reallocated seven electoral areasOsorkutu, Bungalow, Akutue, Zongo New Town, Amedeka, Natriku and Salomfrom the Lower Manya Krobo District in the Eastern Region to the Dangme West District in the Greater Accra Region. The plaintiffs argued the instrument contravened Article 5 and exceeded statutory powers, while the defendantsincluding the Electoral Commissionmaintained the areas belong to Dangme West. The Supreme Court, invoking its role as trustee of the Constitution, held that deciding the regional boundary would require resolving the Osudoku States customary boundaries, a chieftaincy matter reserved to customary institutions. Focusing instead on procedural validity, the Court applied Article 11(7) and declared the version of L.I. 1983 with a 24 November 2010 commencement date unconstitutional and void, recognizing the original versions presumption of regularity and leaving the regional boundary to appropriate forums.
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 the powers confer