[2012]DLSC2689 • October 24, 2012 • Supreme Court •
JAMES AMARH AMARTEY vs. ELECTORAL COMMISSION OF GHANA AND HON. ATTORNEY-GENERAL
The plaintiff, a Ghanaian citizen, challenged the constitutionality of the Local Government Instrument L.I. 1983 of 2010, which created new district electoral areas and designation of units, alleging that it was made by the Minister responsible for Local Government in contravention of Article 45b of the 1992 Constitution. The plaintiff also challenged the Representation of People Parliamentary Constituencies Instrument 2012, C.I. 78, which incorporated the electoral areas created under L.I. 1983, seeking declarations that both instruments were null and void and that no elections should be held based on these electoral areas.
read moreOWUSU (MS.) JSC. By his writ issued on 22/812, the plaintiff, a citizen of Ghana and in his capacity as such, claims the following reliefs: (a) “A declaration that the Local Government (creation of New District Electoral Areas and Designation of Units Instrument, L. I. 1983 of 2010, laid in parliament by the Minister responsible for Local Government, and which came into force after twenty-one (21) days from the day it was gazetted, was made by the minister responsible for Local Government in contravention of Article 45(b) of the constitution 1992. (b) An order declaring the said Local Government (creation of New District, Electoral Areas and Designation of Units). Instrument L. I. 1983 of 2010 null and void and of no legal effect. (c) A further declaration that the Representation of people (parliamentary constituencies) Instrument 2012, C. I. 73 seeking to create forty five (45) new constituencies, thereby increasing the existing constituencies from 230 to 275, which has incorpor.....