COURT THROWN OUT CASE AGAINST EC ON 230 CONSTITUENCIES

By: Felix Engsalige Nyaaba.

The Supreme Court in Accra has  unanimously thrown  out an application  filed by two persons of  Nungua in the Ledzorkuku Electoral area challenging the Electoral Commission of it capacity to create 230 Constituencies in the country without holding the principles of fair representation contrary to Article 47 (3),(5) and (7) of the 1992 constitution of the Ghana.
The nine-member court, led by Justice William Atuguba, ruled that the application filed by the  two persons in their capacity as concern citizens was not proper before the Supreme Court and that it has no merit in law to invoke the Supreme Court jurisdiction.

Messer. Richard Odum Bortier and Daniel Quaye, both residents of Nungua in Ledzorkuku electoral area in July, 2011, brought a case before the court challenging Electoral Commission capacity to demarcate additional electoral areas without a proper consultation.

The two plaintiffs said the principle of which the Electoral Commission (EC) used in demarcating the electoral boundaries in 2003 bringing the total number of constituency to 230 was wrong and the process was muddy.
But the  nine eminent judges in a unanimous decision held that the application was at a wrong forum and that, the application ought to have been filed before the Boundary Disputes and Resolution Tribunal  recently set up by  the Chief Justice to handle such matters.

Four   electoral areas  in the Ledzorkuku/ Krowor  constituencies were not able to conduct  the  district level election  in December last year, following a disputed law suit  at the supreme court over the number of electoral  areas that one of the municipality had to have.

The four disputed electoral areas were, Okpoi Gonno Industrial Area, Tebibiano, Nii Ashitey Akomfra North and Martey Tsuru,all  in the Ledzorkuku/ Krowor Municipality.

However, in the latter part of the year 2011, the Supreme Court ruled in favour of the applicants, therefore making the Legislative Instrument which created the new Electoral areas in dispute   null and void.

In view of that,   a writ of summons was filed by Messer. Richard Odum Bortier and Daniel Quaye , challenging the constitutional validity of the Legislative Instrument under which the 230 Constituency was demarcated in 2003  with specific reference to the Ledzokuku and Krowor  constituency of  the Greater Accra Region.

According to the applicants who filed the suit through their legal counsel, Ayekoi Otoo &Associates Law Firm , the demarcation of the boundaries for the 230 constituencies was illegal  and therefore was  infringement to  Article 47 (1),(3) ,(5) and (7) of the 1992 Constitution.

In an affidavit attached to the writ of summons, the plaintiffs were seeking for a declaration that, upon a true and proper interpretation of Article 47 clause (3),(4), (5) and (7) of the 1992 Constitution, the boundaries of Constituencies  as demarcated by Electoral Commission of Ghana shall be made so as to ensure  that it is accordance with the democratic principles of fair representation  solidly embodied in the constitution.

They were also seeking for an order directed at the Electoral Commission of Ghana to review all the boundaries of all 230 Constituencies as they exist now by altering them in order conform with Article 47 clause (3) and (4) of the 1992 constitution emphasizing more on population distribution in accordance with the egalitarian principle of fair representation solidly embodied in the constitution.

The plaintiff, however, also want an order directed at the Electoral Commission of Ghana to review  all the 230 constituencies as they exist now by altering them following the publication of the enumeration figures  after the holding of the 2010 population census  in accordance with the egalitarian principles of fair representation solidly embodied in the constitution of 1992.

They also wants any orders that the court may deem fit as they filed the suit in their personal capacity as citizens of the country who have interest in upholding the principles of fair representation in accordance with the 1992 constitution of Ghana.

The other nine member panel judges were, Justice Sophia Akuffo, Justice S.Alan Brobby, Justice Julius Ansah, Justice Sophia Adinyira, Justice Anin Yeboah , Justice Paul Baffour-Bonne, Justice Sulleman Gbedamey and Justice Vida Akoto Bamfo.

Meanwhile, counsel for the applicants, Hon. Ayekoi Otoo told the media after the court proceedings that, he would take advice from his client and if necessary they would file the case before the appropriate forum, the Boundary Dispute and Resolution Tribunal.

According to counsel, the Supreme Court has failed to consider the fact that; the application was filed before the establishment of the Tribunal to look into dispute on Electoral Boundaries.

He told journalist that, the suit was filed in July 2011, and the Tribunal which the Supreme Court said was the rightful forum for the application was set up in November 2011 and that, the court has woefully failed to address it own  problem which the applicant ought not to have affected with.

The Electoral Commission was represented by it counsel, Mr. A.K Darbi and the Attorney General which was a second defendant in the case was represented by Mr. Sylvester Williams.