Amegatcher Vrs Attorney General and Another [2012] GHASC 40 (26 July 2012)

Amegatcher Vrs Attorney General and Another [2012] GHASC 40 (26 July 2012)

The Constitution authorizes Parliament to make provision by law for the redrawing or reconstitution of districts, which includes the power to allocate the executive task of creating districts to the President. The Local Government Act, 1993 (Act 462) is not inconsistent with the Constitution, as Parliament retains legislative authority and only assigns executive action to the President and Minister. The direction to the Electoral Commission under the Act does not violate its constitutional independence. The plaintiff failed to demonstrate any constitutional breach, and the challenged provisions are valid.

Citation
[2012] GHASC 40
Parties
Plaintiff: Janet Naakarley Amegatcher; 1st Defendant: Attorney-General; 2nd Defendant: Electoral Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 July 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiff's action dismissed.
Legal Topics
Delegation of Legislative Power, Local Government, Separation of Powers, Interpretation of Constitution, Executive Authority
Source Language
English
Constitutional Law Administrative Law Delegation of Legislative Power Local Government Separation of Powers Interpretation of Constitution Executive Authority

Case Brief

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Parties

Janet Naakarley Amegatcher

Plaintiff

Attorney-General

1st Defendant

Electoral Commission

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether section 1(2) of the Local Government Act, 1993 (Act 462) conferring power on the President to create districts is inconsistent with articles 241(2) and 106(1) of the 1992 Constitution.
  2. 2 Whether Parliament's power to make law for redrawing or reconstituting districts can be validly delegated or allocated to other institutions.
  3. 3 Whether sections 1(3) and 2 of the Local Government Act, 1993 (Act 462) violate articles 45, 46, 241(2), and 106(1) of the 1992 Constitution by empowering the President to direct the Electoral Commission.

Ratio Decidendi

The Constitution authorizes Parliament to make provision by law for the redrawing or reconstitution of districts, which includes the power to allocate the executive task of creating districts to the President. The Local Government Act, 1993 (Act 462) is not inconsistent with the Constitution, as Parliament retains legislative authority and only assigns executive action to the President and Minister. The direction to the Electoral Commission under the Act does not violate its constitutional independence. The plaintiff failed to demonstrate any constitutional breach, and the challenged provisions are valid.

Court Disposition

Plaintiff's action dismissed.