Opremreh Vrs Electoral Commission and Another [2011] GHASC 36 (7 December 2011)

Opremreh Vrs Electoral Commission and Another [2011] GHASC 36 (7 December 2011)

Parliament does not have constitutional authority to amend, review, or re-write a legislative instrument laid before it under Article 11(7); its power is limited to annulment. Any amendments made by Parliament to L.I. 1983 are unconstitutional, and only the original instrument as laid before Parliament and not annulled after 21 sitting days is valid law.

Citation
[2011] GHASC 36
Parties
Plaintiff: Nii Tetteh Opremreh; 1st Defendant: The Electoral Commission; 2nd Defendant: The Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 December 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiff's claim allowed; impugned instrument declared unconstitutional.
Legal Topics
Subsidiary Legislation, Parliamentary Procedure, Electoral Law, Judicial Review
Source Language
English
Constitutional Law Administrative Law Subsidiary Legislation Parliamentary Procedure Electoral Law Judicial Review

Case Brief

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Parties

Nii Tetteh Opremreh

Plaintiff

The Electoral Commission

1st Defendant

The Attorney-General

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether Parliament has constitutional power to amend, review, or re-write a legislative instrument laid before it under Article 11(7) of the 1992 Constitution.
  2. 2 Whether the Local Government (Creation of New Districts Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) as amended by Parliament is unconstitutional.

Ratio Decidendi

Parliament does not have constitutional authority to amend, review, or re-write a legislative instrument laid before it under Article 11(7); its power is limited to annulment. Any amendments made by Parliament to L.I. 1983 are unconstitutional, and only the original instrument as laid before Parliament and not annulled after 21 sitting days is valid law.

Court Disposition

Plaintiff's claim allowed; impugned instrument declared unconstitutional.

Orders

  • Local Government (Creation of New Districts Electoral Areas and Designation of Units) Instrument, 2010 (L.I. 1983) as amended by Parliament is declared null and void.
  • Declaration that the original copy of L.I. 1983 laid before Parliament on 19th October 2010 automatically came into force after 21 sitting days.