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Parties:-
Johnson Asiedu Nketia
representing the Plaintiff in JI/9/2020
as General Secretary.
1st Defendant absent
in J1/9/2020.
Samuel Tettey representing the 2nd
Defendant in J1/9/2020 and 1st
Defendant in J1/12/2020.
Plaintiff in J1/12/2020 present.
Counsel
Godwin Tamakloe for the
Plaintiff in J1/9/2020 with him
Seth Nyaaba.
Godfred Yeboah Dame, Deputy
Attorney General for the 1st
Defendant in J1/9/2020 and 2nd
Defendant in J1/12/2020 with him
Clarence Kuwornu, Chief State
Attorney.
Justin Amenuvor for the 2nd
Defendant in J1/9/2020 and 1st
Defendant in J1/12/2020 with him
Hope Agboado.
Cosmas Anpengnuo for the
Plaintiff in J1/12/2020.
BY COURT:-
As per the attached orders the
decision of the Court is
unanimous.
SUIT NO. J1/9/2020
By a unanimous decision the
following orders are hereby
made:-
RELIEF ONE
Already struck out as withdrawn.
RELIEF TWO
This relief is granted subject
to the fact that all eligible
voters must make themselves
available for registration as
directed by the Electoral
Commission pursuant to Public
Elections (Registration of
Voters) (Amendment) Regulations,
2020 C. I. 126.
RELIEF THREE
This relief is granted subject
to the Voter Registration card
issued to an eligible voter
under the prevailing
constitutional Instrument C. I.
126.
RELIEF FOUR
Dismissed
RELIEF FIVE
Dismissed
RELIEF SIX
Is dismissed
We however reiterate the
decision of this court in
Abu Ramadan & Mimako (No.2) v
Electoral Commission &
Attorney-General (No.2)
[2015-2016] 1 SCGLR 1
where the court per Benin JSC
stated:
“If the law provides for
alternative ways of performing
the task, the discretion is
vested in the actor in deciding
within the limits imposed by
article 296 of the Constitution
as to which one of them would
best suit the task on hand.”
The court continued by re-emphasising
the fact that the Electoral
Commission in exercising their
discretion in the discharge of
their constitutional mandate in
cleaning the voters Register
should be deemed as authorised
to be acting within the law and
the regulations therein, and
cannot be faulted even if it is
considered that there is a more
efficient mode or method
available.
RELIEF SEVEN
It is dismissed subject to the
provisions contained in C. I.
126.
RELIEF EIGHT
It is refused and we also
reiterate our decision in
Abu Ramadan (No.2) supra
where this court held that the
Electoral Commission in
performing their mandate under
Article 45 of the Constitution
1992 cannot be compelled to act
in a particular manner unless
there is clear evidence that
they have acted
unconstitutionally.
SUIT NO. J1/12/2020
RELIEF ONE
Is dismissed
RELIEF TWO
Is dismissed
RELIEF THREE
Is dismissed and we reiterate
this court’s decision in
Abu Ramadan (No.2)
already referred to supra in
Suit No. J1/9/2020.
RELIEF FOUR
Is dismissed and we reiterate
our position in Abu
Ramadan (No. 2) supra.
RELIEF FIVE
Is dismissed
We reiterate this court’s
decision in Abu Ramadan
(No.2) where the court
stated that:-
“In the exercise of its original
jurisdiction, it was not
permissible for it to substitute
its own decisions for that of
the body of persons exercising
the discretion conferred on it
by the Constitution unless they
act contrary to it. The court
further emphasized that, that
was necessary to keep the court
itself within its proper limits
in order to give effect to the
supremacy of the law.”
RELIEF SIX
Is dismissed as same has already
been dealt with in relief three
supra.
CONSEQUENTIAL ORDERS
In the exercise of the powers
conferred on us under Article 2
(2) of the Constitution 1992, we
hereby make the following
orders:-
1.
It is hereby ordered that all
stakeholders and the Ghanaian
eligible voters are directed to
comply with Articles 42 and 45
of the Constitution and the
Public Elections (Registration
of Voters) (Amendment)
Regulations, 2020 C.I. 126
as regulated by the Electoral
Commission i.e. 2nd
Defendants in Suit No. J1/9/2020
and 1st Defendants in
J1/12/2020 in carrying out their
constitutional mandate in the
compilation of a new voters
register.
2.
By this decision, the Electoral
Commission i.e. 2nd
Defendants in Suit No. J1/9/2020
and 1st Defendants in
Suit No. J1/12/2020 are hereby
directed to commence the
compilation of the voter
registration exercise as
scheduled.
3.
By these decisions and, by
virtue of Article 130 (2) of the
Constitution any court in which
same or similar action is
pending or yet to be filed shall
apply the decision rendered by
the Supreme Court in these
consolidated suits.
Reasons will be filed on or
before the 15th of
July 2020.
SGD. ANIN
YEBOAH
CHIEF JUSTICE
SGD. J. V.
M. DOTSE
JUSTICE OF THE SUPREME COURT
SGD. P. BAFFOE-BONNIE
JUSTICE OF THE SUPREME COURT
SGD. N.
S. GBADEGBE
JUSTICE OF THE SUPREME COURT
SGD. S.
K. MARFUL-SAU
JUSTICE OF THE SUPREME COURT
SGD. N.
A. AMEGATCHER
JUSTICE OF THE SUPREME COURT
SGD. PROF.
N. A. KOTEY
JUSTICE OF THE SUPREME COURT |
