Ramadan and Another Vrs Electoral Commission and Another [2016] GHASC 19 (5 July 2016)

Ramadan and Another Vrs Electoral Commission and Another [2016] GHASC 19 (5 July 2016)

The Supreme Court clarified that its order of 5 May 2016 required the Electoral Commission to immediately remove from the voters register all persons who registered with NHIS cards, with adequate notice and opportunity for re-registration, and that this order takes precedence over any statutory provision. The court could not grant new substantive reliefs or alter its previous judgment in a clarification application.

Citation
[2016] GHASC 19
Parties
Plaintiff/applicant: Abu Ramadan; Plaintiff/applicant: Evans Nimako; Defendant/respondent: The Electoral Commission; Defendant/respondent: The Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 July 2016
Procedural Posture
Civil Motion / Post Judgment Application for Clarification and Further Directions
Outcome
Application for clarification partially allowed; substantive new reliefs refused.
Legal Topics
Voter Registration, Res Judicata, Jurisdiction, Interpretation of Judgments
Source Language
English
Constitutional Law Election Law Voter Registration Res Judicata Jurisdiction Interpretation of Judgments

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Abu Ramadan

Plaintiff/applicant

Evans Nimako

Plaintiff/applicant

The Electoral Commission

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Civil Motion / Post Judgment Application for Clarification and Further Directions

Legal Issues

  1. 1 Whether the Supreme Court's judgment of 5 May 2016 required immediate removal of names of persons registered with NHIS cards from the voters register
  2. 2 Whether the applicants could seek substantive declaratory reliefs in a post-judgment clarification application
  3. 3 Whether the court could clarify or alter its previous orders

Ratio Decidendi

The Supreme Court clarified that its order of 5 May 2016 required the Electoral Commission to immediately remove from the voters register all persons who registered with NHIS cards, with adequate notice and opportunity for re-registration, and that this order takes precedence over any statutory provision. The court could not grant new substantive reliefs or alter its previous judgment in a clarification application.

Court Disposition

Application for clarification partially allowed; substantive new reliefs refused.

Orders

  • Clarification issued: The Electoral Commission is to immediately remove from the voters register all persons who registered with NHIS cards, with notice and opportunity for re-registration.
  • All other reliefs sought by the applicants are refused.