RANSFORD FRANCE V. THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
(2012) JELR 65981 (SC)
Supreme Court
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CIVIL APPEAL NO. J1/19/2012
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19 Oct 2012
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Ghana
Coram
ATUGUBA AG .C.J (PRESIDING), DR. DATE-BAH J.S.C, ADINYIRA (MRS) J.S.C., OWUSU (MS.) J.S.C, ANIN-YEBOAH J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO (MRS.) J.S.C
Appearances
GODFRED DAME YEBOAH WITH HIM EVA OTCTHERE MIKE OCQUAYE JNR; LED BY NANA JOE GHARTEY AND EFUA GHARTEY FOR THE PLAINTIFF.,JAMES QUARSHIE-IDUN (WITH HIM ANTHONY DABI) FOR THE 1ST DEFENANT.,SYLVESTER WILLIAMS (PRINCIPAL STATE ATTORNEY) FOR THE 2ND DEFENDANT.,DAVID ANNAN FOR 1ST AMICUS CURIAE.,DR. DOMINIC AYINE AS 2ND AMICUS CURIAE.
Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>DR. DATE-BAH JSC</strong></p><p>On 6<sup>th</sup> July 2012, the plaintiff, a citizen of Ghana, issued a writ to invoke the original jurisdiction of this Court indorsed with the following reliefs:</p><blockquote>(i) “A declaration that upon a true and proper interpretation of Articles 23, 51 and 296 (c), the 1<sup>st</sup> defendant in the exercise of its functions and discretionary power in creating new constituencies, is required to make by Constitutional Instrument, regulations not inconsistent with the Constitution or any other law to govern the exercise of its discretionary power;</blockquote><blockquote>(ii) An order directed at the 1<sup>st</sup> Defendant compelling the 1<sup>st</sup> Defendant to, as required by Articles 51 and 296 (c) of the 1992 Constitution, make by Constitutional Instrument not inconsistent with the Constitution or any other law, regulations to govern the exercise of its discretionary power to create new constituencies including in particular, the specification of the formula and mechanism to be used in the creation of new constituencies;</blockquote><blockquote>(iii) A …</blockquote>