2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case involves a challenge brought by the Plaintiffs against the Electoral Commission of Ghana regarding the demarcation of constituency boundaries. The Plaintiffs sought declarations and orders from the Supreme Court, claiming that the EC's practices in drawing constituency boundaries were inconsistent with Article 47 of the Constitution and democratic principles. The Court dismissed the case, holding that it lacked original jurisdiction over the matter. The Court emphasized that Article 48 of the Constitution provides a specific process for challenging boundary demarcations through a tribunal appointed by the Chief Justice, with further appeal to the Court of Appeal. The Supreme Court ruled that this prescribed process must be followed, and the challenge could not be brought directly to the Supreme Court. The Court also noted the importance of reading constitutional provisions in their entirety and giving effect to all provisions. The case was dismissed, and the Plaintiffs were advised to bring their challenge before the proper forum as established by Article 48 of the Constitution.
J U D G M E N T.
SOPHIA A. B. AKUFFO (MS) J.S.C;
The Plaintiffs, by their Writ filed on 22nd July 2011, claimed the following reliefs: -
“A declaration that upon a true and proper interpretation of Article 47 clauses (3) (4) and (7) of the Constitution 1992, the boundaries of Constituencies, as demarcated by the Electoral Commission of Ghana shall be made so as to ensure that it is in accordance with the egalitarian principle of fair representation solidly embodied in the Constitution
“An order directed against the Electoral Commission of Ghana to review the boundaries of all constituencies as they exist now by altering them in order to conform with Article 47 (3) and (4) emphasising more on population distribution in accordance with the egalitarian principle of fair representation solidly embodied in the Constitution.
“A further order directed against the Electoral Commission of Ghana to review the 230 Constituencies as they stand now by altering them following the publication of the enumeration figures after the holding of the 2010 Population Census in accordance with the egalitarian principle of fair representation solidly embodied in the Constitution.”
In support of these claims, the Plaintiffs in their Statement of Case made various assertions which may be summarised as follows: -
Despite the dictates of article 47, particularly clauses (1), (3) and (7), the Electoral Commission of Ghana (hereinafter variously referred to as “EC or 1st Defendant”.) has since the year 2000 made alterations to constituency boundaries that are in contravention of these said provisions.
The practice adopted by the EC, as evidenced by the manner in which constituency boundaries had been drawn in previous years, fails to take into account “the philosophy behind representation of the people in a democratic process which is to ensure that the inhabitants of a nation are adequately represented in Parliament”, and the same practice, moreover, contravenes the letter and spirit of Chapter 7 of the Constitution, dealing with the representation of the people, as well as other laws and Constitutional Instruments made by Parliament and the EC.
The past practice/conduct of the EC, has been arbitrary and inconsistent with the letter and spirit of the Constitution; such practice include:
i. the insistence by the EC that each district of Ghana must have a constituency.
ii. the EC’s insistence on giving a 9 point weight to population and a 1 point weight to land size.
Such pra