[2011]DLSC4097 • June 23, 2011 • Supreme Court •
STEPHEN NII BORTEY OKANE AND OTHERS vs. ELECTORAL COMMISSION OF GHANA AND HON. ATTORNEY-GENERAL
The plaintiffs challenged the validity of the Local Government Creation of New District Electoral Areas and Designation of Units Instrument (L.I. 1983) which came into force on 24th November 2010. The dispute centered on the addition of four new electoral areas to the Ledzokuku-Krowor District, increasing Ledzokuku's electoral areas from twelve to sixteen, while Krowor remained at twelve. The plaintiffs contended that this amendment by Parliament was unconstitutional. The elections were held nationwide except in the disputed four electoral areas pending resolution.
read moreBROBBEY JSC: The plaintiff in this case issued a writ invoking the original jurisdiction of this court. The reliefs sought in the writ were as follows: “a) A declaration that Local Government (Creation of New District Electoral Areas and Designation of Units) Instrument L.I 1983 which came into force on 24th November 2010 was made in contravention of the Constitution 1992. b) An order declaring the said L.I. 1983 null and void and of no legal effect. c) An order directed at the 2nd defendant restraining the Commission from holding any District level and Unit Elections as scheduled to take place on 28th day of December 2010, based upon the said Local Government (Creation of New Districts Election Areas and Designation of Units) Instrument L.I. 1983 which came into force on 24th November 2010.” Before the action could be determined, counsel for the first defendant filed a motion for an order restricting the withholding of the District Assembly and Unit Committee Elections to t...