The Supreme Court on Friday ordered the Electoral Commission to proceed with the December 28 District and Unit Level Election in all Districts except in the four disputed areas in the Ledzokuku-Krowor District in Accra.
The four areas are Okpoi Gonno Industrial Area, Tebibiiano, Nii Ashitey Akomfra North and Martey Tsuru, all in the Ledzokuku Constituency.
The nine-member panel was presided over by Mr. Justice William Atuguba.
Mr Sylvester Williams, principal state attorney, who represented the Attorney-General, told the court that the Attorney-General wanted Ghanaians to exercise their franchise and thus prayed the court to restrict the injunction to the four areas only.
Mr Ayikoi Otoo, counsel for the plaintiffs, said the order would in effect defeat the whole purpose of their application, which was to suspend all the District and Unit Level election nationwide, since it was based on a Legislative Instrument (L.I) which was unconstitutional.
The court advised Mr Otoo to consider the public good before bringing an application of such nature to the court. He should also not include the minister's name as he could be changed at any time.
The Plaintiffs are Stephen Nii Bortey Okane, Sheriff Borteh Borquaye, Anum Kattah, Eric Tawiah, Edward Borketey and Alfred Mensah Tawiah.
They filed a writ at the Supreme Court on December 7 against the Minister of Local Government and Rural Development (Mr Joseph Yieleh Chireh), the Electoral Commission (EC) and the Attorney-General (AG).
The writ asked the court to declare that the local Government (creation of new district electoral areas and designation of units) instrument L.I 1983, which came into force on November 27, 2010, was made in contravention of Article 11(7) of the 1992 constitution.
It also sought a declaration that L.I 1983 was null and void and of no legal effect and an order at the EC restraining it from holding any district and unit level elections.
The plaintiffs said this was because the four new electoral areas had been created in the Ledzokuku-Krowor district by the L.I 1983.
However, all four new areas are in the Ledzokuku Constituency, bringing the total number of electoral areas in that constituency to 16 as opposed to 12 areas in the Krowor constituency. Both constituencies make up the Ledzokuku-Krowor District.
The Attorney-General filed a motion for an order restricting the withholding of the elections to the Ledzokuku-Krowor District.
In the affidavit in support of the motion, the AG contended that Parliament had the inherent right and implied power to amend a Legislative Instrument introduced into Parliament.
The AG said the increase in electoral areas in the Ledzokuku-Krowor District was not an act of illegality in contravention of Article 11(7) on the 1992 constitution but was done in accordance with normal parliamentary procedure.
He also contended among other things that the said L.I could not be rendered as invalid as a result of Parliament undertaking its legitimate duty imposed on it by the 1992 constitution.
The AG said the new electoral areas had been created to enhance democratic governance.