STEPHEN NII BORTEY OKANE & OTHERS v. ELECTORAL COMMISSION OF GHANA & HON. ATTORNEY-GENERAL

BROBBEY JSC:

The plaintiff in this case issued a writ invoking the original jurisdiction of this court. The reliefs sought in the writ were as follows:

“a) A declaration that Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument L.I 1983 which came into force on 24th November 2010 was made in contravention of the Constitution 1992.

b) An order declaring the said L.I. 1983 null and void and of no legal effect.

c) An order directed at the 2nd defendant restraining the Commission from holding any District level and Unit Elections as scheduled to take place on 28th day of December 2010, based upon the said Local Government (Creation of New Districts Election Areas and Designation of Units) Instrument L.I. 1983 which came into force on 24th November 2010.”

Before the action could be determined, counsel for the first defendant filed a motion for an order restricting the withholding of the District Assembly and Unit Committee Elections to the Ledzokuku-Krowor District. The plaintiffs did not oppose the motion. Rather, they asked that injunction be placed on the four new electoral areas which were added to Ledzokuku-Krowor District.

That motion was granted. The result was that the District Assembly and Unit Committee elections were held throughout the country with the exception of the four electoral areas added to the Ledzokuku-Krowor District.

The reason for that ruling was simply this: The target of the writ was the validity of the Legislative Instrument affecting only Ledzokuku-Krowor District. There was no basis to have held up elections in the other parts of the country where there was no dispute affecting the Legislative Instruments setting them up. The result was that the issues relating to four electoral areas added to the Ledzokuku-Krowor District remained outstanding.

Before considering the main question raised by the writ, it is necessary to recount the facts which precipitated the issuance of the writ. They are as follows: the Ledzekuku-Krowor District Assembly was made up of two constituencies of Ledzekuku for Teshie and Krowor for Nungua. The electoral areas for the two constituencies were twelve for Ledzekuku and twelve for Krowor, thus making a total of twenty four.

The Local Government (Creation of New District Electoral Areas and Designation of Units) Instruments, 2010 (LI 1983) was prepared and laid before Parliament. When LI 1983 was first laid before Parliament, it had twenty four electoral ar