ZAKARIA v. NYIMAKAN

This Supreme Court ruling arises from a preliminary objection in an election petition matter involving Fuseini Zakaria, a registered voter in the Wulensi constituency, and Samuel Nyimakan, the declared Member of Parliament. After the High Court in Tamale, presided by Aninakwa J., upheld Zakaria’s petition and voided Nyimakan’s election, the Court of Appeal unanimously dismissed Nyimakan’s appeal. Nyimakan then appealed to the Supreme Court. Zakaria moved to dismiss the appeal, arguing lack of Supreme Court jurisdiction. Writing for the majority, Dr. S. Twum, JSC, rejected the first ground that election petitions fall outside Article 131(1)(a) because they are constitutional matters, clarifying that such petitions are a “cause or matter.” However, applying the principle that newly created rights with designated forums must follow those forums, and the maxim generalia specialibus non derogant, the Court held that Article 99(2) provides a specific appeal route that ends at the Court of Appeal, thereby superseding the general appellate jurisdiction of Article 131(1)(a). The motion succeeded and the Supreme Court declared it had no jurisdiction over the substantive appeal. Justice Sophia A.B. Akuffo dissented.