[2012]DLSC2692 • September 25, 2012 • Supreme Court •
RANSFORD FRANCE vs. ELECTORAL COMMISSION AND ATTORNEY-GENERAL
The applicant sought to be joined as a party to a substantive suit challenging the creation of 45 new constituencies by the Electoral Commission under Constitutional Instrument 78 (C.I. 78). He intended to contest as a parliamentary candidate in one of the proposed constituencies (Ablekuma West) and wished to protect his interests by joining the suit either as a defendant or interested party. The substantive suit was filed by the plaintiff seeking declarations under Articles 2(1) and 130(1)(a) of the 1992 Constitution, challenging the creation process. The Electoral Commission and Attorney-General opposed the joinder application but did not object to the substantive suit.
read moreANSAH JSC: This is an application for an order of joinder to the substantive matter in this suit seeking an order of this court to invoke the original jurisdiction of this court for certain declarations, as either a plaintiff or a defendant. The application was opposed by the plaintiff but the Electoral Commission and the Attorney-General did not. Counsel for the said he wants the matter to be heard between the applicant and the respondent. In his submissions before this court, counsel for the applicant stated he brought the application under Rule 45 (4) of the Supreme Court Rules 1996, C.I. 16. It reads: ”(4) The Court may, on its own motion or on the application of a party, order that any other person shall be made a party to the action to or in substitution for any other party.” The rule just quoted is under Part 4 of CI 16, which deals with the Original Jurisdiction of this court which has been invoked by the plaintiff in the substantive action, seeking several de...