ROJO METTLE NUNOO, SQUADRON LEADER (RTD) CLEND SOWU & KOFI PORTUPHY vs. THE ELECTORAL COMMISSION

The plaintiffs challenged the Electoral Commission's publication of the 'Declaration of President Elect Instrument, 2004' (CI 49), contending that it was insufficient to discharge the Commission's constitutional duty under Article 639 of the 1992 Constitution. They sought an order compelling the Commission to publish the full, final, and complete results of the December 7, 2004 Presidential Elections, including detailed polling station results. The Commission maintained that the publication of CI 49 fulfilled its constitutional obligations. The plaintiffs also contended that the 21-day limitation period under Article 641 for election petitions did not bar their suit, as they challenged the declaration instrument, not the election itself.

DR. DATE-BAH JSC: By an order of 18th June 2007, His Lordship Ofoe J., as he then was, referred the following for interpretation by the Supreme Court: i. “Whether or not upon a true and proper interpretation of Article 63(1) (sic) of the Constitution the defendant fully discharged the constitutional duty with the publication of the declaration of President Elect Instrument, 2004. ii. Whether or not upon a true and proper interpretation of Article 64(1) of the 1992 Constitution any citizen who was aggrieved by or dissatisfied with the declaration contained in the declaration of the President Elect Instrument, 2004, had 21 days within which to present a Petition to the Supreme Court in challenge of the declaration, and iii. Whether or not upon a true and proper interpretation of Article 64(1) of the 1992 Constitution, the plaintiffs are estopped from attempting now to challenged (sic) the validity of the President Election.” Statements of Case were filed by ...