2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs sought multiple declarations and orders relating to the interpretation and application of special voting provisions under the Constitution of Ghana and Public Elections Regulations. The court dismissed the plaintiffs' requests, holding that the reliefs sought were inconsistent with the constitutional and statutory provisions governing elections in Ghana.
ATUGUBA, JSC:
FACTS
By their writ dated 27/10/2016 the plaintiffs claim as follows:
“ 1. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992 ‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.
2. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, and Section 13 of the Representation of the People Law, 1992; PNDCL 284 the ballots to be cast pursuant to Regulation 23(1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) of the Public Elections Regulations, 2016; CI 94 by special voters in the December, 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date(s) of the special voting; by the presiding officers and the results at each poling station; before communicating same to the returning officer.
3. A declaration that Regulation 23(11) of Public Elections and Regulations, 2016; CI.94 is inconsistent with “Article 49 of the Constitution of the Republic of Ghana, 1992.
4. An order striking down Regulation 23(11) of Public Elections Regulations, 2016; CI.94 as being inconsistent with Article 49(2), (3)(a) and (b) of the constitution of the Republic of Ghana, 1992 and Section 13 of the representation of the People Law, 1992; PNDCL 284.
5. An order directed at 1st Defendant to comply with the provisions of
Article 49(2), (3)(a) and (b) of the Constitution of the republic of Ghana, 1992 and Section 13 of the representation of the People Law, 1992; PNDCL 284 in respect of special voting for the 2016 presidential and parliamentary elections and any subsequent public election in the republic of Ghana.
6. Any further order(s) which this Honourable Court deems just and equitable ”.
The plaintiffs per their memorandum of issues dated 8/11/2016 have set
down the following issues for determination by this court.
“ 1. Whether Special Voting as provided for at Regulation 23 of the Public Elections Regulations, 2016; C.I. 94 is part of public elections as provided for by Article 49 of the Constitution of the Republic of Ghana, 1992?
2. Whether Regulation 23(11) of the Public Elections Regulations, 2016; C.I. 94 is inconsistent with Article 49 of the Constitution of the Republic of Ghana, 1992? ”.
The defendants for their part have set down one issue to the same effect as
the plaintiffs’ s