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RANSFORD FRANCE v. THE ELECTORAL COMMISSION & THE ATTORNEY-GENERAL

2012

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, AG. CJ (PRESIDING)
  • DR. DATE-BAH, J.S.C
  • ADINYIRA (MRS), J.S.C.
  • OWUSU (MS.), J.S.C
  • ANIN-YEBOAH, J.S.C.
  • GBADEGBE, J.S.C.
  • AKOTO-BAMFO (MRS.) J.S.C

Areas of Law

  • Constitutional Law
  • Administrative Law

AI Generated Summary

A Ghanaian citizen challenged the Electoral Commission’s creation of new parliamentary constituencies, initially seeking declarations and injunctions to compel publication of regulations under Articles 51 and 296(c), and later to invalidate the Representation of the People (Parliamentary Constituencies) Instrument, 2012 (C.I. 78). The Electoral Commission argued that any boundary-related complaint belonged before the Article 48 tribunal, citing Richard Odum Bortier; the Supreme Court distinguished Bortier, holding that a challenge to the validity of an enactment invokes Article 2(1) and its original jurisdiction. On the merits, the Court, per Dr. Date-Bah JSC, adopted a purposive, “living Constitution” approach and followed Captan to limit Article 296(c)’s regulation obligation to quasi-judicial exercises of discretion. It rejected a literal reading that would cause governmental “meltdown,” found no breach of Article 296(a) or (b), and upheld C.I. 78. Acting Chief Justice Atuguba concurred, emphasizing context, the Interpretation Act’s guidance, and Article 1(1)’s welfare principle. The suit was dismissed.