Davies Vrs Attorney General [2012] GHASC 1 (14 November 2012)

Davies Vrs Attorney General [2012] GHASC 1 (14 November 2012)

Article 47(6) must be read together with Articles 47(1), 47(5), and 112(4) of the Constitution. The effect of altered or new constituencies is to manifest in the constituent representation in Parliament after the dissolution of the earlier Parliament, but elections can be held in the new constituencies prior to dissolution to ensure continuity and avoid a vacuum in Parliament. The inclusion of new constituencies in the general elections is constitutional and necessary for effective governance.

Citation
[2012] GHASC 1
Parties
Plaintiff: Frank Davies; 1st Defendant: The Attorney-General; 2nd Defendant: The Electoral Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 November 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiff's action dismissed
Legal Topics
Interpretation of Constitutional Provisions, Alteration of Electoral Boundaries, Timing of Effect of Constituency Changes, Elections Administration
Source Language
English
Constitutional Law Electoral Law Interpretation of Constitutional Provisions Alteration of Electoral Boundaries Timing of Effect of Constituency Changes Elections Administration

Case Brief

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Parties

Frank Davies

Plaintiff

The Attorney-General

1st Defendant

The Electoral Commission

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the alteration of electoral boundaries under C.I. 78 can take effect before the next dissolution of Parliament as per Article 47(6) of the 1992 Constitution of Ghana
  2. 2 Whether elections can be held in newly created constituencies before the next dissolution of Parliament
  3. 3 Whether the inclusion of new constituencies in the December 2012 general elections is constitutional

Ratio Decidendi

Article 47(6) must be read together with Articles 47(1), 47(5), and 112(4) of the Constitution. The effect of altered or new constituencies is to manifest in the constituent representation in Parliament after the dissolution of the earlier Parliament, but elections can be held in the new constituencies prior to dissolution to ensure continuity and avoid a vacuum in Parliament. The inclusion of new constituencies in the general elections is constitutional and necessary for effective governance.

Court Disposition

Plaintiff's action dismissed

Orders

  • The decision in Luke Mensah v. Attorney-General is affirmed
  • Plaintiff's claims are dismissed in their entirety