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JANET NAAKARLEY AMEGATCHER v. THE ATTORNEY-GENERAL THE ELECTORAL COMMISSION

2012

SUPREME COURT

CORAM

  • ATUGUBA, J.S.C. (PRESIDING)
  • AKUFFO,(MS.) J.S.C.
  • DATE-BAH, J.S.C.
  • ADINYIRA, (MRS.)J.S.C.
  • ANIN-YEBOAH, J.S.C.
  • GBADEGBE, J.S.C.
  • AKOTO-BAMFO (MRS), J.S.C

Areas of Law

  • Constitutional Law
  • Administrative Law
  • Civil Procedure

AI Generated Summary

The Supreme Court dismissed the plaintiff's action challenging the constitutionality of various provisions of the Local Government Act, 1993. The Court ruled that Parliament could delegate the task of district creation to the President, and such delegation is constitutionally permissible. The Court held that the provisions allowing the President to direct the Electoral Commission and the Minister of Local Government to act in certain ways were lawful and did not violate the 1992 Constitution. The Court reaffirmed the principle that legislation should be presumed constitutional unless clearly proven otherwise.

JUDGMENT