2012
SUPREME COURT
CORAM
AI Generated Summary
In a constitutional original jurisdiction suit, the plaintiff sought to invalidate parts of the Local Government Act, 1993 (Act 462), contending that Articles 241(2) and 106(1) reserve the creation of districts to Parliament via primary legislation. After striking out the Speaker and the Minister under Article 88(5), the Supreme Court considered five agreed issues concerning presidential creation of districts by executive instrument, the permissibility of allocating redrawing/reconstitution functions, the Presidents power to direct or request the Electoral Commission, and the Ministers authority to establish Assemblies by legislative instrument. Writing for the Court, Date-Bah JSC held that Article 241(2)s make provision for language authorizes Parliament to enact enabling laws entrusting executive action to the President and administrative implementation to the Minister, consistent with Articles 58 and 93(2). The Court also found that sections 1(3) and 2 preserve the Electoral Commissions independence, and dismissed the action outright.
J U D G M E N T
DR. DATE-BAH JSC;
The plaintiff’s writ invoking the original jurisdiction of this Court, filed on 6th February, 2012, was originally issued against the Attorney-General, the Speaker of Parliament, the Electoral Commission and the Minister of Local Government. By a ruling on 9th May, 2012, however, this Court struck out the Speaker of Parliament and the Minister of Local Government, relying on article 88(5) of the 1992 Constitution. Accordingly, the reliefs set out in the plaintiff’s writ are now against the Attorney-General as first defendant and the Electoral Commission as second defendant. Those reliefs are as follows:
i. “A declaration that section 1(2) of the Local Government Act, 1993 (Act 462) which provides that the President may declare an area a district and assign a name to the district by executive instrument is inconsistent with article 241 (2) and 106 (1) of the 1992 Constitution and is consequently void.
ii. An order restraining the President from making any executive instrument pursuant to section 1 (2) of the Local Government Act, 1993 (Act 462) or pursuant to any other section or provision in any enactment.
iii. A declaration that section 1 (3) and section 2 of the Local Government Act, 1993 (Act 462) which provides that the President shall in the exercise of the power under subsection 2 (a) of section 1 of the Local Government Act, 1993 (Act 462) direct the Electoral Commission and or request the Electoral Commission to review areas of authority of unit committees, town, area, zonal, urban and sub-metropolitan district councils and districts, municipal and metropolitan assemblies and make such recommendations as it considers appropriate to the President is inconsistent with articles 45, 46, 241 (2) and 106 (1) of the 1992 Constitution and is consequently void.
iv. An order restraining the Electoral Commission from acting in any way whatsoever pursuant to directions made by the President in furtherance of section 1 (3) of the Local Government Act 1993 (Act 462).
v. A declaration that sections 3 (1) and 2 of the Local Government Act, 1993 (Act 462) which provides that the Minister shall, by legislative instrument, establish an Assembly for each district, municipality and metropolis which, in accordance with clause (3) of Article 241 of the Constitution shall constitute the highest political authority in the district and also provide for what shall be specified in the said legislative instrument respectively, are incon