By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    Minority questions GoldBod’s shifting funding arrangements for GANRAP
    August 19, 2026
    GoldBod failed to dispute GH¢22bn DGPP loss – Minority
    August 19, 2026
    GoldBod cannot claim economic gains and disown costs of Domestic Gold Purchase Programme – Minority
    August 19, 2026
    NPP MPs, executives pick nomination forms for Nana B’s First Vice Chairman bid
    August 19, 2026
    Asuokor Bridge 65% complete – Contractor assures end-of-year completion
    August 19, 2026
  • Business
    BusinessShow More
    Minority questions GoldBod’s shifting funding arrangements for GANRAP
    August 19, 2026
    GoldBod failed to dispute GH¢22bn DGPP loss – Minority
    August 19, 2026
    QNET unveils new global and African leadership team to drive next phase of growth
    August 19, 2026
    GoldBod cannot claim economic gains and disown costs of Domestic Gold Purchase Programme – Minority
    August 19, 2026
    GoldBod did not record GH¢22bn loss – Institute of Fiscal Policy Governance rejects Minority’s claims as propaganda
    August 18, 2026
  • Politics
    PoliticsShow More
    Minority questions GoldBod’s shifting funding arrangements for GANRAP
    August 19, 2026
    GoldBod failed to dispute GH¢22bn DGPP loss – Minority
    August 19, 2026
    The Naa Koryoo Phenomenon – A Case Study in Resilience and Grassroots Politics
    August 19, 2026
    GoldBod cannot claim economic gains and disown costs of Domestic Gold Purchase Programme – Minority
    August 19, 2026
    NPP MPs, executives pick nomination forms for Nana B’s First Vice Chairman bid
    August 19, 2026
  • Entertainment
    EntertainmentShow More
    Agyemang Duah wins Mr. Model Africa 2026
    August 17, 2026
    Ghana Music Awards organisers abroad should invest in promoting Ghanaian music globally – Austin Woode
    August 15, 2026
    Diaspora-based Ghana Music Awards must go beyond one-night ceremonies to impact industry – Austin Woode
    August 15, 2026
    Austin Woode calls for government to bring Ghana Music Awards organisers abroad under one umbrella
    August 15, 2026
    WatsUp TV partners Stonebwoy for BHIM Festival 2026 in London
    August 13, 2026
  • Sports
    SportsShow More
    Andre Ayew backs grassroots sports as Ghana-Anhui Chamber donates 2,120 items for constituency games
    August 19, 2026
    Suhum MCE, MP cut sod for new astroturf project after 2024 project failed
    August 17, 2026
    We do not owe Black Queens any per diem – Sports Ministry clarifies
    August 13, 2026
    Black Queens players raise financial and welfare concerns after World Cup qualification setback
    August 13, 2026
    iLOTBET reintroduces trusted sports betting platform to gaming fans
    August 13, 2026
  • Technology
    TechnologyShow More
    Here’s Why Samsung Galaxy Z Fold8 Is Perfect Device for Your Favourite Content – Pre-Order Today!
    August 18, 2026
    Nearly 1,000 scam numbers linked to fake Google profiles targeting Ghana food chains – TrustGH
    August 17, 2026
    NYA CEO urges youth to use social media for positive change, not violence
    August 12, 2026
    2026 National Youth Conference: Osman Ayariga calls on youth to harness technology for development
    August 11, 2026
    IGNITE Social Enterprise appoints Bola Ray to Global Advisory Board as it expands into Sub-Saharan Africa
    August 10, 2026
  • International
    InternationalShow More
    Ghana Music Awards organisers abroad should invest in promoting Ghanaian music globally – Austin Woode
    August 15, 2026
    Diaspora-based Ghana Music Awards must go beyond one-night ceremonies to impact industry – Austin Woode
    August 15, 2026
    Austin Woode calls for government to bring Ghana Music Awards organisers abroad under one umbrella
    August 15, 2026
    Etihad Airways to launch four weekly flights to Accra from March 2027
    August 14, 2026
    WatsUp TV partners Stonebwoy for BHIM Festival 2026 in London
    August 13, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: New regions: Supreme Court throws out constitutionality suit
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
GeneralHeadlines

New regions: Supreme Court throws out constitutionality suit

Starrfm.com.gh By Starrfm.com.gh Published November 28, 2018
Share
SHARE

A seven-member Supreme Court panel presided over by Justice Sophia Adeniyira has dismissed the suit challenging the constitutionally of government’s decision to create six (6) new regions.

The Applicants in the action, Mayor Agebleze, Destiny Awlimey and Jean-Claude Amenyaoglo, were essentially seeking interpretation of the Article 5(4) of the 1992 Constitution, which states;

“Where a commission of inquiry appointed under clause (2) and (3) of this article finds that there is the need and a substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the President that a referendum be held, specifying the sues to be determined by the referendum and the places where the referendum should be held”.

It was their argument that the recommendations of the Justice Brobbey Commission that the upcoming referendum should be carried out in the areas affected by the proposed regions and not the entire regions affected by the possible division was unconstitutional.

At the last Court sitting, Deputy Attorney General, Godfred Yeboah Dame, representing the State; lawyer for the Electoral Commission, Justin Amenuvor, and Albert Quashigah, lawyer for the Applicants, all told the Supreme Court that they rely entirely on the addresses they have filed in court. Their submissions paved way for the judgement of the Court as delivered today.

In the written address filed by lawyers of the EC, they argued that, “what the Plaintiffs in the case are asking the Supreme Court to do is to twist, alter and insert words into clear, precise and unambiguous provisions of the Constitution so as to substitute their preferred recommendation for that of a constitutionally mandated Commission that has exercised its powers and discretion within the confines of the law”.

“We submit that this is an unnecessary invitation to this court; it is not supported by our constitutional provisions or the jurisprudence of this court and we invite Your Lordships to decline this invitation. My Lords, we submit that on this point alone, this action ought to be dismissed in limine and with costs,” the address said.

The Deputy Attorney General in his argument in the written address submitted that, “The plaintiffs through the invocation of this Court’s original jurisdiction, subtly seek a review of how the Article 5 commission set up by the President as well as the EC, discharged the duties cast on it by the Constitution. We submit that the duties of an Article 5 commission and the EC under Article 5 of the Constitution are not reviewable by any person or authority, save in the case of a violation of the law or Constitution. Where the Constitution has placed a duty on a person or authority, that duty must be performed. The performance of that duty is not questionable in the absence of an excess of the powers conferred by the Constitution or other forms of illegality committed by that person or authority. Plaintiffs have woefully failed to show any such unconstitutionality or illegality, and therefore the instant action ought to be dismissed”.

The Deputy Attorney General concluded by saying that, “For failure to satisfy the essential requisites for an invocation of the Court’s original jurisdiction under articles 2(1) and 130(1), the instant action is devoid of a cause of action, and ought to be dismissed”.

In their Unanimous Decision, read by Justice Professor Nii Ashie Kotey, the Supreme Court said they agree with lawyer for the Electoral Commission, Justin Amenuvor and the Deputy Attorney General, Godfred Yeboah Dame, that Article 5(4) of the 1992 Constitution is clear in meaning, no ambiguity whatsoever about it and therefore there is nothing that arises for interpretation.

To this end the Apex Court ruled that the Justice Brobbey Commission’s recommendation stands and the Plaintiff’s action is dismissed.

The panel that decided the case comprises Justices Sophia Adeniyira, Jones Dotse, Anin Yeboah, Samuel Marful Sau, Agnes Dordzie (Mrs), Professor Nii Ashie Kotey and Nene Amegatcher.

 

Source: Ghana/Starrfmonline.com/103.5FM/Wilberforce Asare

You Might Also Like

Minority questions GoldBod’s shifting funding arrangements for GANRAP

GoldBod failed to dispute GH¢22bn DGPP loss – Minority

GoldBod cannot claim economic gains and disown costs of Domestic Gold Purchase Programme – Minority

NPP MPs, executives pick nomination forms for Nana B’s First Vice Chairman bid

Asuokor Bridge 65% complete – Contractor assures end-of-year completion

TAGGED:new regionsSupreme Court
Share This Article
Facebook Twitter Email Print
Share
Previous Article Dr. Papa Kwesi Nduom delivering the keynote address at the event My bank will work, I won’t give up – Nduom encourages staff
Next Article Dr Mahamudu Bawumia Bawumia launches phase II of mobile money interoperability

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?