[2012]DLSC2688 • October 17, 2012 • Supreme Court •
DR. CLEMENT APAAK vs. THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The plaintiff challenged the authority of the Minister responsible for Local Government to create electoral areas within districts, municipalities, and metropolises under the Local Government Act 1993 (Act 462). The plaintiff contended that such creation was unconstitutional under Article 45b of the 1992 Constitution, which vests exclusive authority to demarcate electoral boundaries in the Electoral Commission (the first defendant). The Minister had issued legislative instruments purporting to create electoral areas, which the plaintiff alleged was ultra vires and unconstitutional.
read moreDR. DATE-BAH JSC: This is the unanimous judgment of the Court. In this case, the plaintiff challenges the authority of the Minister responsible for Local Government to create electoral areas in districts, municipalities and metropolises, which, according to the plaintiff, he has purported to do under what he has construed to be enabling power under the Local Government Act 1993 (Act 462). The plaintiff has therefore brought this action invoking the original jurisdiction of the Supreme Court, seeking a declaration that various legislative instruments specified in a Schedule attached to his Writ were made in contravention of Article 45(b) of the 1992 Constitution. Article 45 of the Constitution reads as follows: “The Electoral Commission shall have the following functions - (a) to compile the register of voters and revise it at such periods as may be determined by law; (b) to demarcate the electoral boundaries for both national and local government elections; (c) to conduct a.....