Ransford France v. Electoral Commission _ Anor.
2012
SUPREME COURT
GHANA
CORAM
- J. ANSAH JSC (PRESIDING
Areas of Law
- Civil Procedure
- Constitutional Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The applicant sought to join a case concerning the creation of new constituencies by the Electoral Commission. The court found that the applicant did not demonstrate a necessity to be a party to the suit, emphasizing the importance of efficient procedure and avoiding multiplicity of suits. The application for joinder was dismissed, but the applicant was allowed to submit an amicus brief. The court's decision rested on the discretionary power granted by Rule 45 (4) of the Supreme Court Rules, 1996 C.I. 16, and considerations of justice and expedience.
R U L I N G
ANSAH JSC:
This is an application for an order of joinder to the substantive matter in this suit seeking an order of this court to invoke the original jurisdiction of this court for certain declarations, as either a plaintiff or a defendant.
The application was opposed by the plaintiff but the Electoral Commission and the Attorney-General did not. Counsel for the said he wants the matter to be heard between the applicant and the respondent.
In his submissions before this court, counsel for the applicant stated he brought the application under Rule 45 (4) of the Supreme Court Rules 1996, C.I. 16. It reads:
”(4) The Court may, on its own motion or on the application of a party, order that any other person shall be made a party to the action to or in substitution for any other party.”
The rule just quoted is under Part 4 of CI 16, which deals with the Original Jurisdiction of this court which has been invoked by the plaintiff in the substantive action, seeking several declarations from this court, under articles 2 (1) and 130 1(a), of the 1992 Constitution.
By the use of the word ‘may’, in this rule in Rule 45 (4), the court has the discretion to grant or refuse the application. Therefore, the question is should the application be granted or refused?
The substance of the submissions of counsel for the applicant was a virtual repetition of the depositions in his affidavit in support of the application.
I quote the salient paragraphs here now:
“2. That it has come to my notice that a suit has been filed in this Honorable Court, concerning the 45 Constituencies the Electoral Commission seeks to create.
4 That I intend to contest as a Parliamentary in the Ablekuma West Constituency which is one of the yet to be created Constituencies.
5 That I am a registered voter in Ghana and a Ghanaian citizen who intends to present my humble view and beliefs on the subject matter in dispute in the substantive case and on the Application for injunction brought by the Plaintiff if this application is granted by this honorable court.
6 That I am a relevant intervener whose presence will ensure that all matters in dispute in this proceeding will be effectually and completely determined and adjudicated upon once and for all.
7 That this application is made in the interest of justice and to avoid multiplicity of suits.
8 That I seek to protect my interest in standing for elections as a Parliamentary candidate in one of the 45 Constituencies due to be crea