2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Mayor Agbleze, Destiny Awlimey, and Jean-Claude Koku Amenyaoglo sued the Attorney-General and the Electoral Commission in the Supreme Court, invoking original jurisdiction under Articles 2(1) and 130(1)(a). Their suit arose from the Brobbey Commission’s recommendation, under C.I. 105, that six new regions be created and that a referendum be held only in the proposed areas. Plaintiffs argued that Articles 5, 41, and 42 require that all inhabitants of the entire existing regions be registered and allowed to vote, and challenged the Commission’s discretion to specify the referendum “places.” Before the merits, the Court directed parties to address whether the suit raised an interpretative or enforcement issue sufficient to trigger original jurisdiction. Reviewing Article 5 and precedent, the Court held the constitutional text is clear: the Commission recommends the issues and places (Art. 5(4)), and the Electoral Commission prescribes the manner (Art. 5(5)); creation/alteration and merger referenda are distinct. Finding no ambiguity and warning against opening floodgates by entertaining rival meanings of plain text, the Court concluded its exclusive interpretative jurisdiction was not properly invoked. It dismissed the writ in limine. The other justices concurred in Kotey JSC’s reasoning and conclusion.
JUDGMENT
KOTEY, JSC:-
Introduction
By a writ of summons issued on 12th September 2018, the plaintiffs invoked the original jurisdiction of this court under articles 2(1) and 130(1)(a) of the 1992Constitution.
The Plaintiffs in the action are Mayor Agbleze, Destiny Awlimey and Jean-Claude Koku Amenyaoglo and the 1stDefendant is the Attorney-General while the 2nd Defendant is the Electoral Commission.
The Plaintiffs are seeking inter alia, a declaration that upon a true and proper interpretation of articles 5, on the creation of new regions and article 42, on the right to vote, all persons in the affected regions are entitled to be registered and to vote in a referendum on the creation of new regions scheduled for 27th December 2018.
Background
Following various petitions to the President for new regions to be created out of the Western, Volta, Brong-Ahafo and Northern regions, the President, in accordance with article 5(2) of the Constitution, on 29th June 2017, referred the petitions to the Council of State for advice.
On 15th August 2017, the Council of State advised the President to appoint a Commission of Inquiry to “inquire into the need and to make recommendations on all the factors involved in the creation of the new regions”.
Subsequently on 12th October 2017, a Commission of Inquiry (Brobbey Commission) chaired by Mr. Justice S. A. Brobbey was set up under The Commission of Inquiry into the creation of New Regions Instrument, 2017 (C.1. 105) to “Inquire into the need and to make recommendations on all the factors involved in the creation of the new regions” in accordance with article 5(2) of the Constitution.
On the 27th June 2018, the Brobbey Commission presented its report to the President and recommended the creation of six (6) new regions out of the Western, Volta, Northern and Brong-Ahafo regions. The six (6) proposed regions are Western North, Oti, North East, Savanna, Ahafo and Brong East.
The Brobbey Commission also recommended to the President the holding of a referendum, specified the issues to be determined by the referendum and the places where the referendum should be held. These places were limited to where the new regions were proposed to be created.
The President referred the recommendations of the Brobbey Commission to the 2nd Defendant, pursuant to article 5(5) of the Constitution.The 2nd Defendant then set 27th December 2018, for a referendum to be held in the places where the new regions are proposed to be created.