Supreme Court adjourns case against EC to Sept. 19

The Supreme Court has adjourned the case brought before it by a businessman against the Electoral Commission in connection with the intended creation of the 45 new constituencies. The case will now be heard on September 19.

The plaintiff, Ransford France is praying the Supreme Court to restrain the EC from carrying out its intention of creating new districts until the hearing and final determination of the matter. A date is yet to be fixed for hearing of the matter.

Businessman, Ransford France, dragged the Electoral Commission (EC) to the Supreme Court over its intention to create the new constituencies.

He was challenging the power of the E. C. to go ahead with the creation of new constituencies without first laying before Parliament, a constitutional instrument indicating clearly the mechanism, formula or modalities by which it intended to undertake that exercise.

The Attorney-General was joined to the suit, which was filed on behalf of the plaintiff by his lawyer, Mr. Godfred Yeboah Dame on July 6, 2012.

On Wednesday, Mr France was represented by a member of his legal team Joe Ghartey. He argued that the decision to create the new constituencies were in contravention of constitutional provisions. The Attorney-General, Dr. Benjamin Kunbuor made an appearance before the court as one of the defendants.

The plaintiff was praying the Supreme Court to declare that upon a true and proper interpretation of Articles 23, 51 and 296 (c), the EC, in the exercise of its functions and discretionary power in creating new constituencies, was required to make by Constitutional Instrument, regulations not inconsistent with the Constitution or any other law to govern the exercise of its discretionary power.

The plaintiff further wanted the Supreme Court to perpetually restrain the EC from laying before Parliament any Constitutional Instrument creating new constituencies and or revoking the Representation of the People (Parliamentary Constituencies) Instrument, 2004 [C.I. 46], until it lays before Parliament a Constitutional Instrument which clearly sets out the processes to be adopted by the EC.