MAYOR AGBLEZE, DESTINY AWLIMEY AND JEAN-CLAUDE KOKU AMENYAGLO V. THE ATTORNEY GENERAL AND ELECTORAL COMMISSION

JUDGMENT

KOTEY, JSC

Introduction

By a writ of summons issued on 12th September 2018, the plaintiffs invoked the original jurisdiction of this court under articles 2(1) and 130(1)(a) of the 1992Constitution.

The Plaintiffs in the action are Mayor Agbleze, Destiny Awlimey and Jean-Claude Koku Amenyaoglo and the 1stDefendant is the Attorney-General while the 2nd Defendant is the Electoral Commission.

The Plaintiffs are seeking inter alia, a declaration that upon a true and proper interpretation of articles 5, on the creation of new regions and article 42, on the right to vote, all persons in the affected regions are entitled to be registered and to vote in a referendum on the creation of new regions scheduled for 27th December 2018.

Background

Following various petitions to the President for new regions to be created out of the Western, Volta, Brong-Ahafo and Northern regions, the President, in accordance with article 5(2) of the Constitution, on 29th June 2017, referred the petitions to the Co…