NOAH EPHRAEM TETTEH ADAMTEY V THE ELECTORAL COMMISSION
2025
SUPREME COURT
GHANA
Areas of Law
- Constitutional Law
- Civil Procedure
- Administrative Law
2025
SUPREME COURT
GHANA
AI Generated Summary
The Plaintiff filed a case in the Supreme Court of Ghana invoking its original jurisdiction, seeking to enforce voter registration rights under Articles 42 and 45 of the 1992 Constitution for Ghanaians who turn 18 years before elections. The Defendant contested the claims, arguing compliance with constitutional obligations and presenting practical limitations. The Court examined issues of jurisdiction, mootness of the case post-2024 elections, and the balancing doctrine in constitutional interpretation. The Court dismissed much of the Plaintiff's suit due to lack of sufficient evidence and practical feasibility, upholding the discretionary powers of the Electoral Commission in managing voter registration.
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