KWESI NYAME-TEASE ESHUN V. ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

JUDGEMENT

ATUGUBA JSC:

We heard this case on 21^st October 2016 and in view of its obvious urgency, adjourned for judgment today 27^th October 2016. The plaintiff by his writ dated 27^th September 2016 claims as follows:-

1. “A declaration that on a true and proper interpretation of articles 42, 43, 45 (c) and 51 of the Constitution 1992, the function of the 1^st Defendant under article 45 (c) of the Constitution, “to conduct and supervise all public elections and referenda” implies a duty to conduct such elections in a free, fair, transparent and credible manner.”

2. A declaration that, on a true and proper interpretation of article 51 of the Constitution, 1992, the power of the 1^st Defendant under Article 51 by constitutional instrument to make regulations for the effective performance of its functions under the Constitution or any other law implies a duty to make regulations that promote free, fair, credible and transparent elections.

3. A declaration that by the combined effects of Article…