RICHARD ODUM BORTIER AND DANIEL QUAYE vs. THE ELECTORAL COMMISSION OF GHANA AND THE ATTORNEY GENERAL

The plaintiffs, Richard Odum Bortier and Daniel Quaye, challenged the Electoral Commission's demarcation of constituency boundaries, alleging non-compliance with Article 47 of the 1992 Constitution. They contended that the Electoral Commission's practice since 2000 had been arbitrary and inconsistent with constitutional provisions, particularly criticizing the weighting of population and land size in boundary demarcations, resulting in malapportioned parliamentary representation. The plaintiffs sought declarations and orders compelling the Electoral Commission to review and alter constituency boundaries to conform with the egalitarian principle of fair representation as embodied in the Constitution, especially following the 2010 Population Census.

SOPHIA A. B. AKUFFO (MS) J.S.C; The Plaintiffs, by their Writ filed on 22nd July 2011, claimed the following reliefs: - a. “A declaration that upon a true and proper interpretation of Article 47 clauses (3) (4) and (7) of the Constitution 1992, the boundaries of Constituencies, as demarcated by the Electoral Commission of Ghana shall be made so as to ensure that it is in accordance with the egalitarian principle of fair representation solidly embodied in the Constitution b. “An order directed against the Electoral Commission of Ghana to review the boundaries of all constituencies as they exist now by altering them in order to conform with Article 47 (3) and (4) emphasising more on population distribution in accordance with the egalitarian principle of fair representation solidly embodied in the Constitution. c. “A further order directed against the Electoral Commission of Ghana to review the 230 Constituencies as they stand now by altering them following the publication...