Agbeleze and Others Vrs Attorney General and Another [2018] GHASC 57 (28 November 2018)

Agbeleze and Others Vrs Attorney General and Another [2018] GHASC 57 (28 November 2018)

The Supreme Court held that Article 5 of the Constitution is clear and unambiguous regarding the creation and alteration of regions and the conduct of referenda. The Commission of Inquiry is empowered to specify the places for the referendum, and the Electoral Commission prescribes the manner. No genuine...

Source-derived case information.

Citation
[2018] GHASC 57
Parties
Plaintiff: Mayor Agbleze; Plaintiff: Destiny Awlimey; Plaintiff: Jean-Claude Koku Amenyaglo; Defendant: Attorney General; Defendant: Electoral Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 November 2018
Procedural Posture
Constitutional Petition / Judgment on Preliminary Objection
Outcome
Plaintiffs' writ dismissed in limine
Legal Topics
Interpretation of Constitution, Referendum, Creation of Regions, Jurisdiction of Supreme Court
Source Language
english
Constitutional Law Administrative Law Interpretation of Constitution Referendum Creation of Regions Jurisdiction of Supreme Court

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Summary, issues, holding and outcome

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Parties

Mayor Agbleze

Plaintiff

Destiny Awlimey

Plaintiff

Jean-Claude Koku Amenyaglo

Plaintiff

Attorney General

Defendant

Electoral Commission

Defendant

Procedural Posture

Constitutional Petition / Judgment on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiffs' action raises any interpretative or enforcement issue to warrant the invocation and exercise of the Supreme Court's original jurisdiction under Articles 2 and 130 of the 1992 Constitution
  2. 2 Whether Article 5 of the Constitution is ambiguous or requires interpretation regarding the places where a referendum on the creation of new regions should be held

Ratio Decidendi

The Supreme Court held that Article 5 of the Constitution is clear and unambiguous regarding the creation and alteration of regions and the conduct of referenda. The Commission of Inquiry is empowered to specify the places for the referendum, and the Electoral Commission prescribes the manner. No genuine interpretative issue arises, and the original jurisdiction of the Supreme Court was not properly invoked. The plaintiffs' writ disclosed no cause of action for constitutional interpretation.

Court Disposition

Plaintiffs' writ dismissed in limine