Aryeetey Vrs Attorney-general and Another [2019] GHASC 40 (19 June 2019)

Aryeetey Vrs Attorney-general and Another [2019] GHASC 40 (19 June 2019)

The case was dismissed as moot because the by-election had already been held, the Member of Parliament sworn in, and the plaintiff did not seek nullification of the election. There was no basis to determine the constitutionality of the by-election in the absence of a likelihood of recurrence.

Citation
[2019] GHASC 40
Parties
Plaintiff: Bismark Aborbi Aryeetey; Defendant: Attorney-General; Defendant: Electoral Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 June 2019
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
case dismissed as moot
Legal Topics
Mootness, By Election Timing, Constitutional Interpretation
Source Language
English
Constitutional Law Election Law Mootness By Election Timing Constitutional Interpretation

Case Brief

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Parties

Bismark Aborbi Aryeetey

Plaintiff

Attorney-General

Defendant

Electoral Commission

Defendant

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the scheduling of the Ayawaso West Wogun by-election on 31st January, 2019 violated Article 112(5) of the Constitution, 1992
  2. 2 Whether the case is moot since the by-election was held and no nullification was sought

Ratio Decidendi

The case was dismissed as moot because the by-election had already been held, the Member of Parliament sworn in, and the plaintiff did not seek nullification of the election. There was no basis to determine the constitutionality of the by-election in the absence of a likelihood of recurrence.

Court Disposition

case dismissed as moot