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BENJAMIN EYI MENSAH V. THE CHAIRMAN ELECTORAL COMMISSION AND THE ATTORNEY GENERAL & MINISTER FOR JUSTICE

(2015) JELR 68935 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/11/2015  •  27 Feb 2015  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC

Judgement

JUDGEMENT

The plaintiff by his writ claims against the defendants as follows:-

“A declaration that:
I. On a true and proper interpretation of Article 51 of the 1992 Constitution, a Constitutional Instrument to demarcate the boundaries for both the national and local Government elections comes into force only after the expiration of 21 sitting days after it has been laid before Parliament and that C.I. 85 could only come into force after Parliament had passed same.
II. On a true and proper interpretation of Article 51 of the 1992 Constitution, the opening and closing of nominations for District Assembly elections when there was no existing Constitutional Instrument empowering the Electoral Commission to receive nominations was unconstitutional.
III. The opening and closing of nominations for District Assembly elections by the Electoral Commission when the Constitutional Instrument empowering it to do so had been laid before Parliament for consideration was an usurpation of the Constitutiona…

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