[2012]DLSC2691 • October 19, 2012 • Supreme Court •
RANSFORD FRANCE vs. THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The plaintiff, a Ghanaian citizen, challenged the validity of the Representation of the People Parliamentary Constituencies Instrument, 2012 (C.I. 78), alleging that the Electoral Commission failed to publish regulations governing its discretionary power to create new constituencies as required by Articles 23, 51, and 296(c) of the 1992 Constitution. The plaintiff sought declarations and injunctions restraining the Electoral Commission from implementing the Instrument until proper regulations were made.
read moreDR. DATE-BAH JSC: On 6th July 2012, the plaintiff, a citizen of Ghana, issued a writ to invoke the original jurisdiction of this Court indorsed with the following reliefs: (i) “A declaration that upon a true and proper interpretation of Articles 23, 51 and 296 (c), the 1st defendant in the exercise of its functions and discretionary power in creating new constituencies, is required to make by Constitutional Instrument, regulations not inconsistent with the Constitution or any other law to govern the exercise of its discretionary power; (ii) An order directed at the 1st Defendant compelling the 1st Defendant to, as required by Articles 51 and 296 (c) of the 1992 Constitution, make by Constitutional Instrument not inconsistent with the Constitution or any other law, regulations to govern the exercise of its discretionary power to create new constituencies including in particular, the specification of the formula and mechanism to be used in the creation of new constituencies; (.....