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NATIONAL DEMOCRATIC CONGRESS V. ATTORNEY-GENERAL & ELECTORAL COMMISSION AND MARK TAKYI-BANSON V. ELECTORAL COMMISSION OF GHANA & THE ATTORNEY-GENERAL

(2020) JELR 92013 (SC)

Supreme Court  •  SUIT NO. J1/9/2020 & SUIT NO. J1/12/2020  •  25 Jun 2020  •  Ghana

Coram
YEBOAH, CJ (PRESIDING) , DOTSE, JSC , BAFFOE-BONNIE, JSC , GBADEGBE, JSC , MARFUL-SAU, JSC , AMEGATCHER, JSC , KOTEY, JSC

Appearances
GODWIN TAMAKLOE FOR THE PLAINTIFF IN J1/9/2020 WITH HIM SETH NYAABA. GODFRED YEBOAH DAME, DEPUTY ATTORNEY GENERAL FOR THE 1ST DEFENDANT IN J1/9/2020 AND 2ND DEFENDANT IN J1/12/2020 WITH HIM CLARENCE KUWORNU, CHIEF STATE ATTORNEY. JUSTIN AMENUVOR FOR THE 2ND DEFENDANT IN J1/9/2020 AND 1ST DEFENDANT IN J1/12/2020 WITH HIM HOPE AGBOADO. COSMAS ANPENGNUO FOR THE PLAINTIFF IN J1/12/2020.

Judgement

JUDGMENT

PROF. KOTEY, JSC:-

1. Introduction

On 25th June 2020, we gave judgment in these consolidated suits but deferred our reasons, which we now give. 

We unanimously dismissed the principal reliefs of the plaintiffs in the two consolidated suits. We denied the claims of the plaintiffs for a declaration of unconstitutionality regarding the non-inclusion of the current voter identification card and birth certificate for the purpose of identification of a person who applies for registration as a voter in the voter registration process to be undertaken by the Electoral Commission (2nd Defendant). We also dismissed the reliefs of the plaintiffs challenging the constitutionality of the compilation of a new register of voters by the Electoral Commission. We finally upheld the constitutionality of the Public Elections (Registration of Voters) (Amendment) Regulations, 2020 (C.I.126) and ordered all stakeholders and Ghanaian eligible voters to comply with the terms thereof. 

We partly granted two…

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