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NEW PATRIOTIC PARTY V. THE ELECTORAL COMMISSION AND ANOTHER

(1993) JELR 66482 (SC)

Supreme Court  •  16 Sep 1993  •  Ghana

Coram
ABBAN JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, AMPIAH JSC

Appearances
NANA AKUFO-ADDO (WITH HIM PHILIP ADDISON AND ALEX QUAYNOR) FOR THE PLAINTIFF; A. FORSON ATTORNEY-GENERAL (WITH HIM MRS ADUSA-AMANKWAH CHIEF STATE ATTORNEY AND G K AVAH CHIEF STATE ATTORNEY) FOR THE DEFENDANTS.

Judgement

ABBAN JSC.

The plaintiff is a registered political party. The first defendant, the Electoral Commission, by virtue of the Electoral Commission Act, 1993 (Act 451), has been charged with the responsibility of conducting and supervising all public elections and referenda in the country. The second defendant—the Attorney-General—was sued as the legal representative of the Government of Ghana. In its statement the plaintiff pleaded, inter alia, that the first defendant, acting through its executive secretary, on 14 August 1993 issued written directives to all the district assemblies in the country urging them to hold elections in order to elect the district chief executive for each district assembly in accordance with article 243 of the Constitution, 1992; and that the elections should take place between 18 and 30 August 1993. The defendants averred in paragraph (1) of their amended defence that the facts so far stated above were correct.

It may be recalled that the present district assembl…

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