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NEW PATRIOTIC PARTY V. RAWLINGS AND ANOTHER

(1994) JELR 68146 (SC)

Supreme Court  •  3 May 1994  •  Ghana

Coram
ABBAN JSC, AMUA-SEKYI YSC, AIKINS JSC, BAMFORD-ADDO JSC, AMPIAH JSC

Judgement

AMUA-SEKYI JSC.

On 16 September 1993 this court unanimously decided in New Patriotic Party v. Electoral Commission [1993-94] 1 GLR 124, SC, ante, that elections which were then due to be held by the Electoral Commission set up under article 43 of the Constitution, 1992 for the purpose of approving nominations purported to have been made by President Rawlings, the first-named defendant, under article 243(1) to the office of district chief executive, would violate the Constitution, 1992 as the district assemblies established under the provisions of section 3(1) of the Local Government Law, 1988 (PNDCL 207) had no power to give such approval. The next day, it was announced that the first-named defendant had appointed those same persons as district secretaries under section 21(1) of PNDCL 207. The plaintiff says that this was unlawful and it has filed this writ to challenge his right to do so. The Attorney-General is named as the second defendant.

As formulated in its writ and statement of …

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