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BISMARK ABORBI ARYEETEY V. ATTORNEY-GENERAL & ELECTORAL COMMISSION

(2019) JELR 109728 (SC)

Supreme Court  •  J1/07/2019  •  19 Jun 2019  •  Ghana

Coram
ANSAH, JSC (PRESIDING) DOTSE, JSC YEBOAH, JSC PWAMANG, JSC MARFUL-SAU, JSC DORDZIE (MRS), JSC KOTEY, JSC

Judgement

PWAMANG, JSC:- 

The thrust of the plaintiff’s complaint in this suit which he filed on 14th January, 2019, is that the 2nd defendant, by fixing the Ayawaso West Wogun by-election to be held on 31st January, 2019, violated Article 112(5)  of the Constitution, 1992 as amended. However, he did not seek an interim  order to restrain the defendant from conducting the by-election so same  was held on the due date and as at the date of hearing of this case, the  elected Member of Parliament for the constituency had been sworn in and  taken her seat in Parliament. 

In the reliefs plaintiff endorsed on his writ of summons, there is no prayer  for a nullification of the by-election in the event the court holds that the  conduct of the election violated the Constitution. When this was pointed  out to the plaintiff at the hearing, he confirmed that he does not pray the  court to nullify the by-election. This led the court to raise the issue of  mootness of the case, but the plaintiff argued that th…

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