The Supreme Court is being asked to rule whether the Electoral Commission has the right to include the proposed 30 new constituencies in this year’s general election, contrary to the decision of the main opposition party, National Democratic Congress and other sections of the public.
In an ex-parte motion filed at the Supreme Court, a Sunyani based teacher, Luke Mensah, is challenging the Attorney General and Minster of Justice, to properly interpret articles 47(1), (5), (6) and 113 of the 1992 constitution.
Asamoah Kyeremeh Chambers in Sunyani on behalf of Mr. Mensah filed the suit on January 13, 2004. According to the Writ, Articles, 47 and 133 of the constitution, have seven and four sub-sections respectively, “ whose meanings are unclear and have generated national concern.” thus, the urgent need for their proper interpretation.
Specified in the relief, the plaintiff further seeks an order of perpetual injunction restraining any group of people or any political party purporting to derail the effort of the EC to include the 30 constituencies in the 2004 general and parliamentary election to be held in December.
The writ stated that the elections are very paramount and of interest to all Ghanaians and it would be in the interest of all true Ghanaians if the articles were interpreted for the avoidance of any doubt.
Mr. Mensah, 35, teaches at Mmehame Primary School in the Tano District of the Brong Ahafo Region. He said: “ I have taken this action because I am a full blooded Ghanaian and an eligible voter. Besides, I want each and every Ghanaian to fully understand the aspect of the constitution in contention, so that we go into the election without any constitutional wrangling.”
It is recalled that on December 29, 2003, the Electoral Commission announced that 30 additional constituencies are to be created throughout the country for the 2004 general elections and this has generated controversy ever since.
