THE REPUBLIC V. HIGH COURT, (COMMERCIAL DIVISION) ACCRA EX-PARTE: ELECTORAL COMMISSION, PAPA KWESI NDUOM

RULING

SOPHIA ADINYIRA (MRS.) JSC (PRESIDING)

The application before this Court invokes the supervisory jurisdiction of the Court against the High Court (Commercial Division), Accra praying this Court for an order of certiorari to bring up into this Court for purposes of being quashed the ruling of His Lordship Justice Eric Kyei Baffour dated the 28th day of October, 2016 upon the facts deposed to in the accompanying affidavit.

The grounds for the application are as follows:

i. Error of law on the face of the record.

ii. Wrongful assumption of jurisdiction by the High Court (Commercial Division), Accra.

iii. Excess of jurisdiction.

The brief facts of the case are as follows:

The Applicant is the Electoral Commission constitutionally mandated to organize presidential and parliamentary elections including receiving nominations of candidates. Apart from the Constitution 1992, there are other pieces of legislation such as the Representation of the Peoples Act (PNDCL 284) and the Public Elections …