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DR. KWAME AMOAKO TUFFUOR, BENJAMIN ARTHUR AND ADREBA ABREFA DAMOAH V. ELECTORAL COMMISSION AND ATTORNEY GENERAL

(2016) JELR 65619 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/1/2017  •  14 Nov 2016  •  Ghana

Coram
ATUGUBA JSC, (PRESIDING) DOTSE JSC, ANIN YEBOAH JSC, BAFFOE- BONNIE JSC, BENIN JSC, APPAU JSC, PWAMANG JSC

Appearances
EGBERT FAIBILLE JNR. WITH HIM ANNIE EMEFA FIAWOO (MRS) FOR THE PLAINTIFFS; SEAN POKU FOR THE 1ST DEFENDANT., MRS. DOROTHY AFRIYIE ANSAH (CHIEF STATE ATTORNEY) WITH HER MRS. ELFRIDA DENKYI (PRINCIPAL STATE ATTORNEY) IVY VANDERPUYE (SENIOR STATE ATTORNEY) AND VICTORIA ADORTEY (ASSISTANT STATE ATTORNEY) FOR THE 2ND DEFENDANT.

Judgement

JUDGEMENT

ATUGUBA, JSC

FACTS

By their writ dated 27/10/2016 the plaintiffs claim as follows:

“1. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992 ‘special voting’ as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.
2. A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, and Section 13 of the Representation of the People Law, 1992; PNDCL 284 the ballots to be cast pursuant to Regulation 23(1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) of the Public Elections Regulations, 2016; CI 94 by special voters in the December, 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date(s) of the special voting; by the presiding officers and the results at each poling station; before communicating same to the returning officer.
3. A declaration that …

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