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VALENTINE EDEM DZATSE V. MR HENRY AMETEFE & 5 ORS

(2020) JELR 109749 (SC)

Supreme Court  •  J6/01/2020  •  24 Jun 2020  •  Ghana

Coram
BAFFOE-BONNIE, JSC (PRESIDING) PWAMANG, JSC MARFUL-SAU, JSC AMEGATCHER, JSC KOTEY, JSC OWUSU, JSC LOVELACE-JOHNSON, JSC

Judgement

JUDGMENT 

PWAMANG, JSC:- 

This case is a reference by the High Court, Ho of a question involving the enforcement  and interpretation of the Constitution, 1992 that arose on the face of the processes filed  in Suit No. E12/09/2020 pending in that court. We have examined the case stated in  the reference by the trial judge and considered the documents attached to it and are of  the view that the appropriate question that has to be answered in this reference is  whether or not C.I. 95 which is the subsisting legislation that delimits constituency  boundaries in Ghana is inconsistent with Article 47(2) of the Constitution, 1992 by  virtue of C.I. 112 which contains the boundaries of the newly created Oti Region, to the  extent that C.I. 95 provides that the traditional areas of Santrokofi, Akpafu, Lipke and  Lolobi all in the Oti Region are part of the Hohoe Constituency in the Volta Region of  Ghana and therefore to the extent of that inconsistency is unconstitutional. We do not  find the …

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