MR. SHERIFF NII OTTO DODOO vs THE ELECTORAL COMMISSION, SHIRLEY AYORKOR BOTCHWAY

The petitioner filed an election petition on 23 January 2009 against the Electoral Commission and Shirley Ayorkor Botchway, together with a document titled “Notice of payment of security for costs.” He personally paid ¢20,000 or GH¢2 as security. The 1st respondent challenged the petition on the ground that under section 182 of the Representation of the People Law, 1992 (PNDCL 284) as revised, the amount of security for costs had to be determined by the High Court, not unilaterally fixed by the petitioner. The petitioner contended that the Statute Law Revision Commissioner lacked power under the Laws of Ghana Revised Edition Act, 1998 (Act 562) to amend the substance of section 182, and therefore his payment was valid. Portion of judgment: “On the 23rd day of January 2009, the petitioner herein filed a petition against the Respondents... On that same date, the petitioner filed a process which he termed Notice of payment of security for costs... the cost of ¢20,000 or GH¢2 paid by the petitioner did not meet the requirement of the law...”