Tuffuor and Others Vrs Electoral Commission and Another [2016] GHASC 86 (14 November 2016)

Tuffuor and Others Vrs Electoral Commission and Another [2016] GHASC 86 (14 November 2016)

The definition of 'close of the poll' in Regulation 49(1) of C.I. 94 is consistent with Article 49 of the Constitution. The Constitution does not require the immediate counting and announcement of special votes separate from the general poll. Regulation 23(11) is not inconsistent with Article 49, and the plaintiffs' reliefs would compel an unconstitutional declaration of results.

Citation
[2016] GHASC 86
Parties
1st Plaintiff: Dr. Kwame Amoako Tuffuor; 2nd Plaintiff: Benjamin Arthur; 3rd Plaintiff: Adreba Abrefa Damoah; 1st Defendant: Electoral Commission; 2nd Defendant: Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 November 2016
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiffs' action dismissed
Legal Topics
Interpretation of Article 49 of the Constitution, Special Voting, Consistency of Subsidiary Legislation With the Constitution
Source Language
English
Constitutional Law Election Law Interpretation of Article 49 of the Constitution Special Voting Consistency of Subsidiary Legislation With the Constitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Dr. Kwame Amoako Tuffuor

1st Plaintiff

Benjamin Arthur

2nd Plaintiff

Adreba Abrefa Damoah

3rd Plaintiff

Electoral Commission

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether Special Voting under Regulation 23 of C.I. 94 is part of public elections as provided by Article 49 of the Constitution of Ghana, 1992
  2. 2 Whether Regulation 23(11) of C.I. 94 is inconsistent with Article 49 of the Constitution

Ratio Decidendi

The definition of 'close of the poll' in Regulation 49(1) of C.I. 94 is consistent with Article 49 of the Constitution. The Constitution does not require the immediate counting and announcement of special votes separate from the general poll. Regulation 23(11) is not inconsistent with Article 49, and the plaintiffs' reliefs would compel an unconstitutional declaration of results.

Court Disposition

Plaintiffs' action dismissed