Amartey Vrs Electoral Commision Of Ghana and Another [2012] GHASC 48 (24 October 2012)

Amartey Vrs Electoral Commision Of Ghana and Another [2012] GHASC 48 (24 October 2012)

The Minister for Local Government has no authority to create or establish electoral areas; any legislative instrument purporting to do so is unconstitutional and void to the extent of its inconsistency with Article 45(b) of the Constitution. However, elections may proceed on the basis of electoral areas lawfully designated by the Electoral Commission, even if referenced in the impugned instruments.

Citation
[2012] GHASC 48
Parties
Plaintiff: Dr. Clement Apaak; 1st Defendant: The Electoral Commission; 2nd Defendant: The Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 October 2012
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
plaintiff's action succeeds with qualification
Legal Topics
Electoral Boundaries, Ultra Vires Acts, Local Government, Statutory Interpretation
Source Language
English
Constitutional Law Administrative Law Electoral Boundaries Ultra Vires Acts Local Government Statutory Interpretation

Case Brief

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Parties

Dr. Clement Apaak

Plaintiff

The Electoral Commission

1st Defendant

The Attorney-General

2nd Defendant

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the Minister for Local Government has authority to create electoral areas under the Local Government Act 1993 (Act 462)
  2. 2 Whether legislative instruments made by the Minister purporting to create electoral areas contravene Article 45(b) of the 1992 Constitution

Ratio Decidendi

The Minister for Local Government has no authority to create or establish electoral areas; any legislative instrument purporting to do so is unconstitutional and void to the extent of its inconsistency with Article 45(b) of the Constitution. However, elections may proceed on the basis of electoral areas lawfully designated by the Electoral Commission, even if referenced in the impugned instruments.

Court Disposition

plaintiff's action succeeds with qualification

Orders

  • Declaration that the legislative instruments specified in the Schedule, to the extent they purport to create electoral areas, are in contravention of Article 45(b) of the Constitution.
  • Order declaring the said legislative instruments null, void, and of no legal effect to the extent they sought to create electoral areas.