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AMIDU V. ELECTORAL COMMISSION AND ANOTHER

(2002) JELR 68284 (SC)

Supreme Court  •  30 Jan 2002  •  Ghana

Coram
EDWARD WIREDU CJ JSC, BAMFORD – ADDO JSC, AMPIAH JSC, ADJABENG JSC, ATUGUBA JSC, AKUFFO JSC, LAMPTEY JSC

Judgement

JUDGEMENT

Akuffo JSC.

On 7 December 2000 the first defendant conducted parliamentary elections throughout the country. Subsequent to these elections, the results were formally published in the Ghana Gazette No 1. This publication was dated Friday 5 January 2001. The plaintiff contends that Gazette No 1 (hereinafter referred to as the Gazette was actually published on or about 16 January 2001 and thus, the date printed thereon is retrospective and therefore unconstitutional and unlawful. Consequently, the plaintiff issued the writ herein for declarations of this court to the effect that:

“(1) On a true and proper interpretation of articles 2(1)(a) and (b), 51, 99 and 107 of the Constitution, 1992; sections 16, 17 and 18 of the Representation of the People Law, 1992 (PNDCL 284) and paragraph 41(1) and (2) of the Public Elections Regulations, 1996 (CI 15), no person may procure, facilitate or cause any Gazette on parliamentary elections results to be published with a retrospective date.

(2)…

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