2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Atuguba J.S.C., dismissed a constitutional suit challenging the Electoral Commissions inclusion of newly created constituencies under C.I. 78 in the December 7, 2012 general elections. The plaintiff argued that Article 47(6) renders any boundary alterations legally effective only upon the next dissolution of Parliament and sought declarations and an injunction to prevent elections in those constituencies. The Court adopted a purposive, holistic reading of the Constitution, holding that Article 47(6) concerns the timing of representation in Parliament after dissolution, not the scheduling of elections. Read together with Article 112(4), general elections may be conducted in altered constituencies before dissolution, with representation based on the new boundaries commencing in the next Parliament. The Court affirmed Luke Mensah v. Attorney-General and rejected gerrymandering and protocol-based arguments, noting the Electoral Commissions independence and implied powers under Article 297(c).
J U D G M E N T
ATUGUBA, J.S.C.
On the 4th of October, 2012 the plaintiff issued in this court a writ, J/1/2013 against the defendants claiming as follows:
1. “ A declaration that upon a true and proper interpretation of Article 47(6) of the Constitution of the Republic of Ghana, 1992 (hereinafter, the “Constitution”) the alteration of electoral boundaries pursuant to the Representation of the People (Parliamentary Constituencies) Instrument, 2012 (Constitutional Instrument Number 78) which passed in Parliament on October 2, 2012 ( hereinafter, “C.I. 78”) cannot come into effect until the next dissolution of Parliament in January 2013.
2. A declaration that not having come into effect, the constituencies created as a result of the alteration of the electoral boundaries under C.I. 78 shall not be included among the constituencies to be contested in the general elections seated [SIC] for December 7, 2012.
3. An order of perpetual injunction restraining the Electoral Commission from including the newly created constituencies under C.I. 78 in the general election of December 7, 2012 or any other election howsoever described prior to the next dissolution of Parliament in January 2013.”
The issues raised in this action, save as regards the reliance on Article 2(1) of Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security of the Economic Community of West Africa States, dated at Dakar on 21st December, 2001and ratified by Ghana on 18th October, 2002 and Article 89(4) of the Kenyan Constitution of 2010, arose and were decided by this court on 5th March, 2004 on virtually identical facts and contentions as in this case, in Luke Mensah v. Attorney-General [2003-2004] SCGLR 122.
The parties did not find it necessary to file any memorandum of issues as there is no difficulty as to them. The Attorney-General did not file any statement of case and did not appear in court in any manner, following the unwholesome precedent of his predecessor in Luke Mensah v. Attorney-General, supra.
The crux of the plaintiff’s case centres around article 47(6) of the 1992 Constitution of Ghana which provides as follows:
“ 47. (6) Where the boundaries of a constituency established under this article are altered as a result of a review, the alteration shall come into effect upon the next dissolution of Parliament.” (e.s.)
The plaintiff’s interpr