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WELFORD QUARCOO v. THE ATTORNEY-GENERAL, THE ELECTORAL COMMISSION

2012

SUPREME COURT

GHANA

CORAM

  • DATE-BAH JSC (PRESIDING

Areas of Law

  • Administrative Law
  • Civil Procedure

AI Generated Summary

In this Supreme Court ruling, Dr. S. K. Date-Bah JSC considered an application to restrain the Government of Ghana’s district-creation program under the Local Government Act, 1993 (Act 462) pending a substantive suit seeking declarations of invalidity. Reaffirming the established three-part test for interlocutory injunctions—serious question, irreparable harm, and balance of convenience—the Court emphasized special caution in public law where state actions are presumptively for the public good. The Court concluded the applicant would not suffer irreparable harm because successful declarations could later nullify impugned provisions and restore the status quo, whereas an injunction would produce irreparable delay with knock-on effects on general elections scheduled for December that damages could not remedy. Balancing the competing interests, the Court dismissed the motion for interlocutory injunction.