[2011]DLSC4102 • December 7, 2011 • Supreme Court •
NII TETTEH OPREMREH vs. THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The plaintiff, a citizen and Chief of Shiashie, challenged the constitutionality of the Local Government Creation of New Districts Electoral Areas and Designation of Units Instrument, 2010 (L.I. 1983), alleging that Parliament unlawfully amended the original instrument laid before it, contrary to Article 11(7) of the 1992 Constitution. The dispute arose from changes made by the Parliamentary Subsidiary Legislation Committee to the original electoral areas, which were not annulled by a two-thirds majority in Parliament, yet purportedly came into force before the 2010 District Assembly Elections.
read moreGBADEGBE JSC: My Lords, by the writ of summons herein, the plaintiffs seek from us in the exercise of our original jurisdiction the following reliefs. 1. A declaration that the Local Government (Creation of New Districts Electoral Areas and Designation of Units) Instrument, 2010, LI 1983, which purportedly came into force on 24th November 2010 is unconstitutional and therefore null and void. 2. An order restraining the 3rd defendant, its agents and assigns from in any way, using the new electoral areas created under the schedule to LI 1983 for the District Assembly Elections, scheduled for 28th December 2010. 3. A declaration that on the expiration of 21 parliamentary sitting days, the original copy of LI 1983, which was laid before Parliament on 19thOctober, 2010 automatically came into force in accordance with article 11(7) of the Constitution, 1992. 4. An order directed at the 3rd defendant to use only the original copy of LI 1983 as laid before Parliament on 19thOcto...