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February 16, 2025
SUPREME COURT
GHANA
DARKO ASARE JSC:
1. On or about the 12 th day of March 2024, the Plaintiff issued a writ invoking the original jurisdiction of this Court for the following reliefs:
i) A declaration that upon a true and proper interpretation of Article 42 of the 1992 Constitution, every sound-minded Ghanaian of 18 years and above has the right to vote in public elections and referenda and is entitled to be registered by the Defendant for any public election and referenda that will occur immediately following their attainment of at least 18 years.
ii) A declaration that upon a true and proper interpretation of Articles 42 and 45 of the 1992 Constitution, the Defendant is mandated to conduct its affairs in a way that ensures that all persons qualified to vote at the time of any public elections or referenda are registered and allowed to vote in said public elections or referenda.
iii) A declaration that on a true and proper interpretation of Articles 42 and of the 1992 Constitution, the Defendant's failure to make provision to register all sound-minded Ghanaians who would be 18 years or above at the time of the
2024 Presidential and Parliamentary Elections is unconstitutional and an unjustified interference with their constitutionally guaranteed right.
iv) A declaration that on a true and proper interpretation of Articles 42 and 45 of the 1992 Constitution, the Defendant's refusal, on the basis of the Provisions of the Public Elections (Registration of Voters) Regulations., 2016 (CI 19) as amended, to register all sound minded Ghanaians, who are to be registered as voters, and would be 18 years and above at the time of the 2024 Presidential and Parliamentary Elections is unconstitutional and an unjustified interference with their constitutionally guaranteed right
v) A declaration that on a true and proper interpretation of Articles 42 and 45 of the 1992 Constitution, the Defendant's failure to make provisions to register all sound-minded Ghanaians who are willing to be registered as voters and would be 18 years and above at the time of the 2024 Presidential and Parliamentary Elections is unconstitutional and an unjustified interference with their constitutionally guaranteed right.
vi) An order directed at the Defendant to reopen the voters registration process to enable the registration of persons who will be 18 years of age or and above at the time of the 2024 Presidential and Parliamentary Elections.
vii) An order for the payment of the Plaintiff's legal fees and
AI Generated Summary
The Supreme Court of Ghana, per Y. Darko Asare JSC, addressed a constitutional challenge seeking declarations and orders compelling the Electoral Commission (EC) to register all qualified Ghanaians who would be eighteen by the 2024 elections, including those turning eighteen after the registration deadline. The Plaintiff grounded his claims on EC press releases and the 2024 election program, alleging exclusion and threats of prosecution for underage applicants. The EC countered that no evidence showed the Plaintiff was denied registration, existing case law resolved the issues, and the Commission already operates lawful registration mechanisms. The Court upheld its enforcement jurisdiction but struck out two sterile declaratory reliefs and rejected mootness. Applying the balancing doctrine and pragmatic interpretation, the Court emphasized EC independence, practicality, and the Plaintiff’s burden to prove illegality or unreasonableness. Finding none, the Court dismissed all reliefs.