NATIONAL DEMOCRATIC CONGRESS V. ELECTORAL COMMISSION

JUDGEMENT

EDWARD WIREDU AG CJ

By its writ, the plaintiff, the National Democratic Congress, seeks against the defendant, the Electoral Commission of Ghana the following reliefs:

“(1) a declaration that the notice issued by the defendant to conduct on 20 March 2001, the election of regional representatives to the Council of State ‘is an act which is inconsistent with or in contravention of the provisions of articles 89(2)(c) and 242(c) and (d) of the Constitution’ and therefore null and void;

(2) an order of perpetual injunction restraining the defendant, its servants and agents, from conducting the said election on the said date or any other date; and

(3) an order restraining the defendant from conducting the said elections until the determination of this suit.”

Since by this action, the plaintiff seeks to invoke the original jurisdiction of this court under article 2(1)(b) of the Constitution, 1992, the fundamental question that comes to mind is whether or not the action is one congnisab…