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MARTIN ALAMISI AMIDU V. THE ELECTORAL COMMISSIONER AND THE MANAGER, ASSEMBLY PRESS

(2002) JELR 68321 (SC)

Supreme Court  •  WRIT NO. 3/2001  •  30 Jan 2002  •  Ghana

Coram
WIREDU CJ (PRESIDING), BAMFORD-ADDO (MRS) J.S.C., AMPIAH J.S.C., ADJABENG J.S.C., ATUGUBA J.S.C., AKUFFO (MS) J.S.C., LAMPTEY J.S.C.

Judgement

JUDGMENT

SOPHIA A. B. AKUFFO, J.S.C.:

On 7th December 2000, the 1st defendant conducted Parliamentary elections throughout the country. Subsequent to these elections, the results were formally published in Ghana Gazette Number 1. This publication was dated Friday 5th January 2001. The Plaintiff contends that Gazette No. 1 (hereinafter referred to as 'the Gazette') was actually published on or about 16th January 2001 and, thus, the date printed thereon is retrospective and therefore unconstitutional and unlawful. Consequently the Plaintiff issued the writ herein for declarations of this Court to the effect that:—

1. On a true and proper interpretation of articles 2(1) (a) and (b), 51, 99, and 107 of the Constitution, Sections 16, 17 and 18 of the Representation of the People Law, 1992 (PNDCL 284) and Paragraphs 41 (1) and (2) of the Public Elections Regulations, 1996 (CI 15), no person may procure, facilitate or cause any Gazette on Parliamentary elections results to be published with a r…

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