[1997]DLSC9257 • March 26, 1997 • Supreme Court •
TEHN-ADDY vs. ATTORNEY-GENERAL AND ELECTORAL COMMISSION
The plaintiff, a 57-year-old Ghanaian citizen, was outside Ghana during the initial voter registration exercise in October 1995 due to a pastoral visit to Canada. Upon return, he applied for registration in March 1996 but received no acknowledgment. The Electoral Commission announced a supplementary registration period from 1 to 9 June 1996 for those who missed the initial registration. The plaintiff presented himself for registration during this period but was refused registration by the Electoral Commission, which cited a pending High Court injunction suspending the supplementary registration exercise. The plaintiff contended this refusal violated his constitutional right to vote under Articles 42, 45, and 46 of the 1992 Constitution.
read moreAcquah JSC delivered the judgment of the court. On 16 July 1996 we heard this suit and ordered the National Electoral Commissioner to register the plaintiff and all those who in the exercise of the commissioner’s discretion are qualified to be registered in terms of the provisions of the Public Elections (Registration of Voters) Regulations, 1995 (CI 12). We now proceed to give our reasons. The plaintiff, a 57 year old Ghanaian citizen, invoked the original jurisdiction of this court against the Attorney-General and the Electoral Commissioner for: I. A declaration that the conduct of the second defendant in failing or refusing to register the plaintiff as a voter is inconsistent with and in contravention of articles 42, 45 and 46 of the Constitution, 1992. II. A declaration that the second defendant having exercised its discretion to register voters between 1 June to 9 June 1995 is bound to register or fix a new period for the registration of the plaintiff as a voter in acc.....