Mensah Vrs The Chairman Electoral Commission and Another [2015] GHASC 148 (27 February 2015)

Mensah Vrs The Chairman Electoral Commission and Another [2015] GHASC 148 (27 February 2015)

At the time the District Level elections processes were initiated, there was no legislation in force covering the same, rendering the process unconstitutional.

Citation
[2015] GHASC 148
Parties
Plaintiff: Benjamin Eyi Mensah; 1st Defendant: The Chairman, Electoral Commission; 2nd Defendant: The Attorney General & Minister for Justice
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 February 2015
Procedural Posture
Writ / Judgment
Outcome
Plaintiff's claims substantially upheld; impending District Level elections declared unconstitutional.
Legal Topics
District Assembly Elections, Constitutional Instruments, Electoral Commission Powers
Source Language
English
Constitutional Law Election Law District Assembly Elections Constitutional Instruments Electoral Commission Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Benjamin Eyi Mensah

Plaintiff

The Chairman, Electoral Commission

1st Defendant

The Attorney General & Minister for Justice

2nd Defendant

Procedural Posture

Writ / Judgment

Legal Issues

  1. 1 Whether there was existing legislation covering the opening and closing of nominations for District Level elections at the material time
  2. 2 Whether the Electoral Commission acted constitutionally in opening and closing nominations without a Constitutional Instrument in force

Ratio Decidendi

At the time the District Level elections processes were initiated, there was no legislation in force covering the same, rendering the process unconstitutional.

Court Disposition

Plaintiff's claims substantially upheld; impending District Level elections declared unconstitutional.

Orders

  • It is unconstitutional to proceed with the impending District Level elections slated for 3/3/2015.
  • District Level elections processes can begin and be conducted afresh under the current C.I. 85 unless earlier revoked.