[2012]DLSC2693 • September 19, 2012 • Supreme Court •
RANSFORD FRANCE vs. ELECTORAL COMMISSION AND ATTORNEY-GENERAL
The plaintiff sought interlocutory injunctions to restrain Parliament from considering the Representation of the People Parliamentary Constituencies Instrument (initially C.I. 73, later amended to C.I. 78) and to restrain the Electoral Commission from using the said Instrument in preparation for the 2012 General Elections. The plaintiff challenged the validity and procedural propriety of the Instrument, alleging improper exercise of statutory discretion by the Electoral Commission in creating new constituencies.
read moreANSAH JSC: The plaintiff brought a motion for the following reliefs: “(i). an order restraining the Parliament of Ghana from considering the Representation of the People Parliamentary Constituencies Instrument, C.I. 73 until the hearing and final determination of the instant action; (ii). An order directed at the 1st defendant restraining the 1st defendant from using the Representation of the People Parliamentary Constituencies Instrument 2012 C.I.73, in its preparation for the conduct of the 2012 General Elections until the hearing and final determination of the instant action; (iii). any further orders as to this Honorable Court may seem meet”. I must observe that when this motion came up for hearing in this court, counsel for the applicant moved for the amendment of all references to the said CI 73 wherever it had appeared in the processes filed on the record for it had been withdrawn and replaced by a new Constitutional Instrument of the same title but numbered C.I. ...