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JANET NAAKARLEY AMEGATCHER V. THE ATTORNEY-GENERAL AND THE ELECTORAL COMMISSION

(2012) JELR 68568 (SC)

Supreme Court  •  CIVIL APPEAL NO. J1/8/2012  •  26 Jul 2012  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS.) J.S.C., DATE-BAH J.S.C., ADINYIRA (MRS.) J.S.C., ANIN-YEBOAH J.S.C., GBADEGBE, J.S.C., AKOTO-BAMFO (MRS) J.S.C.

Judgement

JUDGMENT

DR. DATE-BAH JSC

The plaintiff’s writ invoking the original jurisdiction of this Court, filed on 6th February, 2012, was originally issued against the Attorney-General, the Speaker of Parliament, the Electoral Commission and the Minister of Local Government. By a ruling on 9th May, 2012, however, this Court struck out the Speaker of Parliament and the Minister of Local Government, relying on article 88(5) of the 1992 Constitution. Accordingly, the reliefs set out in the plaintiff’s writ are now against the Attorney-General as first defendant and the Electoral Commission as second defendant. Those reliefs are as follows:

i. “A declaration that section 1(2) of the Local Government Act, 1993 (Act 462) which provides that the President may declare an area a district and assign a name to the district by executive instrument is inconsistent with article 241 (2) and 106 (1) of the 1992 Constitution and is consequently void.

ii. An order restraining the President from making any executiv…

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