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DR. CLEMENT APAAK v. THE ELECTORAL COMMISSION & THE ATTORNEY-GENERAL

2012

SUPREME COURT

GHANA

CORAM

  • DR. DATE-BAH, J.S.C
  • ADINYIRA (MRS), J.S.C.
  • OWUSU (MS.),J.S.C
  • ANIN-YEBOAH, J.S.C.
  • GBADEGBE, J.S.C.
  • AKOTO-BAMFO (MRS.) J.S.C

Areas of Law

  • Constitutional Law
  • Administrative Law

AI Generated Summary

This case concerns a challenge to the authority of the Minister responsible for Local Government to create electoral areas in Ghana. The plaintiff argued that various legislative instruments created by the Minister contravened Article 45(b) of the 1992 Constitution, which grants the Electoral Commission the power to demarcate electoral boundaries. The Supreme Court held that the Minister does not have the authority to create or establish electoral areas, and any language in the legislative instruments suggesting such authority is void to the extent of its inconsistency with the Constitution. The Court declared the relevant parts of the legislative instruments null and void, and granted an injunction restraining the Electoral Commission from conducting elections based on these areas, unless they coincide with areas lawfully designated by the Commission. The case affirms the Electoral Commission's exclusive constitutional authority to create electoral areas and emphasizes the principle that legislative language conflicting with constitutional provisions is void to the extent of the inconsistency.

JUDGMENT