2012
SUPREME COURT
CORAM
AI Generated Summary
Dr. S. K. Date-Bah JSC, writing for the Supreme Court of Ghana, dismissed a constitutional challenge to the Local Government Act, 1993 (Act 462) and related executive instruments concerning the creation and reconfiguration of districts. The claimant argued that Articles 241(2) and 106(1) of the 1992 Constitution require district creation by Act of Parliament, and that Parliament may not delegate that function to the President; he also attacked section 1(3) for directing the Electoral Commission and sections 3(1)–(2) for empowering the Minister to establish assemblies by legislative instrument. Citing its contemporaneous decision in Naakarley Amegatcher v Attorney-General and Electoral Commission, the Court found the material issues identical, held the legislative authorization of presidential executive action lawful, and refused the requested declarations and restraining orders.
DR. DATE-BAH JSC:
The plaintiff invoked the original jurisdiction of this Court by a writ issued on 27th January, 2012 endorsed with the following reliefs:
i. “A declaration that section 1(2) of the Local Government Act, 1993 (Act 462) which provides that the President may declare an area a district and assign a name to the district by executive instrument is inconsistent with article 241(2) and 106(1) of the 1992 Constitution and is consequently void.
ii. A declaration that the Creation of Districts Instrument, 2011 (E.I. 80), Creation of Municipalities Instrument, 2011 (E.I. 81) and Declaration of Municipalities Instrument. 2011 (E.I. 82) all made by the President on 22nd November, 2001(sic) and gazette on 25th November, 2011 are inconsistent with Article 241 (2) of the 1992 Constitution and consequently void.
iii. A declaration that section 1(3) of the Local Government Act, 1993 (Act 462) which provides that the President shall in the exercise of the power under subsection (2)(a) of section 1 of the Local Government Act, 1993 (Act 462) direct the Electoral Commission is inconsistent with articles 45, 241(2) and 106(1) of the 1992 Constitution and is consequently void.
iv. An order restraining the Electoral Commission from acting in any way whatsoever pursuant to directions made by the President in furtherance of section 1(3) of the Local Government Act, 1993 (Act 462).
v. A declaration that sections 3(1) and (2) of the Local Government Act, 1993 (Act 462) which provide that the Minister shall, by legislative instrument, establish an Assembly for each district, municipality and metropolis which, in accordance with clause (3) of Article 241 of the Constitution shall constitute the highest political authority in the district and also provides for what shall be specified in the said legislative instrument respectively, are inconsistent with article 241(2) and 106(1) of the 1992 Constitution and are consequently void.
vi. An order restraining the Minister responsible for Local Government or any other Minister, from laying in Parliament any legislative instrument made pursuant to section 3 of the Local Government Act, 1993 (Act 462) or pursuant to any other section or provision in any enactment.
vii. An order restraining the Speaker of the Parliament of the Republic of Ghana from permitting to be laid in Parliament for the consideration of Parliament by the Minister responsible for Local Government or any other Minister, any legislative instrument mad