Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

KOFI BOATENG & ORS vs THE ELECTORAL COMMISSION & ANOR

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE NICHOLAS M. C. ABODAKPI (J)

Areas of Law

  • Administrative Law
  • Constitutional Law
  • Civil Procedure

AI Generated Summary

This case involves an application by the Electoral Commission of Ghana for a 12-month extension to operationalize Act 699, which extends voting rights to Ghanaians living abroad. The Commission had failed to comply with a previous court order to implement the law, citing leadership challenges and other priorities such as creating new regions. The respondents argued that granting the extension would encourage non-compliance with court decisions. The court, considering the evidence and the renewed determination of the Commission to comply, granted the 12-month extension. The judge relied on ORDER 80 Rule 4 of C.I. 47/04, which empowers the court to extend time for actions to be taken. The court also awarded costs of GH¢8,000.00 against the Electoral Commission in favor of the respondents. The decision highlights the court's discretion in granting extensions, the consideration of institutional changes over time, and the balance between enforcing compliance and allowing reasonable accommodations for implementation of court orders.

RULING