2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the plaintiff's challenge to the authority of the Minister of Local Government in creating Electoral Areas under the Local Government Act of 1993 (Act 462), which was deemed to be in contravention of Article 45(b) of the Constitution. The court held that the creation of Electoral Areas is the exclusive preserve of the Electoral Commission and declared the Local Government (Creation of New Electoral Areas and Designation of Units Instrument of 2010, L.I. 1983) null and void to the extent of its inconsistency with the Constitution.
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