2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A Ghanaian citizen brought an original constitutional action challenging the Minister of Local Government’s purported creation of electoral areas via LI 1983, arguing it contravened Article 45(b), which vests the Electoral Commission with authority to demarcate electoral boundaries. He also sought to invalidate CI 78, the Representation of the People (Parliamentary Constituencies) Instrument 2012, for allegedly incorporating those minister-created areas. The Electoral Commission conceded the Minister lacked authority and asked the Court to sever only the unconstitutional portions of LI 1983. The Attorney-General argued electoral areas differ from electoral boundaries and defended LI 1983 under Act 462. Writing for a unanimous Court, Owusu JSC held that Article 45(b) makes the Electoral Commission’s demarcation exclusive; Act 462 does not empower the Minister to create electoral areas. Applying severability, the Court voided LI 1983 only to the extent it purported to create electoral areas, preserving valid parts relating to District Assemblies. The Court rejected the challenge to CI 78, noting its constitutionality had already been affirmed.
J U D G M E N T
OWUSU (MS.) JSC.
By his writ issued on 22/812, the plaintiff, a citizen of Ghana and in his capacity as such, claims the following reliefs:
(a) “A declaration that the Local Government (creation of New District Electoral Areas and Designation of Units Instrument, L. I. 1983 of 2010, laid in parliament by the Minister responsible for Local Government, and which came into force after twenty-one (21) days from the day it was gazetted, was made by the minister responsible for Local Government in contravention of Article 45(b) of the constitution 1992.
(b) An order declaring the said Local Government (creation of New District, Electoral Areas and Designation of Units). Instrument L. I. 1983 of 2010 null and void and of no legal effect.
(c) A further declaration that the Representation of people (parliamentary constituencies) Instrument 2012, C. I. 73 seeking to create forty five (45) new constituencies, thereby increasing the existing constituencies from 230 to 275, which has incorporated in it, by virtue of Regulation (2) thereof, the Electoral Areas unconstitutionally created by the Minister responsible for Local Government is equally null and void and of no legal effect and therefore no national elections (presidential & parliamentary), ought to be held in reference to those Electoral Areas as provided for under the said C. I. 78 of 2012”.
By a motion filed on 28-09-2012, the plaintiff on 04-10-1012 sought for leave per counsel to amend the writ and having been granted the leave, the writ was amended to read as follows:
(a) “A declaration that the Local Government (creation of New District Electoral Areas and Designation of Units Instrument, L. I. 1983 of 2010, laid in parliament by the Minister responsible for Local Government, and which came into force after twenty-one (21) days from the day it was gazetted, was made by the minister responsible for Local Government in contravention of Article 45(b) of the constitution 1992.
(b) An order declaring the said Local Government (creation of New District, Electoral Areas and Designation of Units). Instrument L. I. 1983 of 2010 null and void and of no legal effect.
(c) A further declaration that the Representation of people (parliamentary constituencies) Instrument 2012, C. I. 78 seeking to create forty five (45) new constituencies, thereby increasing the existing constituencies from 230 to 275, which has incorporated in it, by virtue of Regulation (2) thereof, the Electoral Areas unconsti