[2012]DLSC2637 • July 26, 2012 • Supreme Court •
WELFORD QUARCOO vs. THE ATTORNEY-GENERAL AND THE ELECTORAL COMMISSION
The plaintiff challenged the constitutionality of several provisions of the Local Government Act, 1993 (Act 462) and related executive instruments made by the President concerning the creation of districts and municipalities. The plaintiff contended that these provisions and instruments violated Articles 241(2) and 106(1) of the 1992 Constitution by improperly delegating legislative powers to the President, thereby undermining parliamentary sovereignty and public participation in local government creation.
read moreDR. DATE-BAH JSC: The plaintiff invoked the original jurisdiction of this Court by a writ issued on 27th January, 2012 endorsed with the following reliefs: i. “A declaration that section 1(2) of the Local Government Act, 1993 (Act 462) which provides that the President may declare an area a district and assign a name to the district by executive instrument is inconsistent with article 241(2) and 106(1) of the 1992 Constitution and is consequently void. ii. A declaration that the Creation of Districts Instrument, 2011 (E.I. 80), Creation of Municipalities Instrument, 2011 (E.I. 81) and Declaration of Municipalities Instrument. 2011 (E.I. 82) all made by the President on 22nd November, 2001(sic) and gazette on 25th November, 2011 are inconsistent with Article 241 (2) of the 1992 Constitution and consequently void. iii. A declaration that section 1(3) of the Local Government Act, 1993 (Act 462) which provides that the President shall in the exercise of the power under subsection (2.....