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Two sue electoral commission over new constituencies
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- Parent Category: Justice & Security
- Category: Law Reports
- Created on Tuesday, 19 June 2012 00:00
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Two sue electoral commission over new constituencies
Two Ghanaians have filed a writ at the Supreme Court to prevent the Electoral Commission from announcing new constituencies.
They are Messrs Richard Odoom Bortieh and Daniel Quaye, both from the Krowor Constituency in the Greater Accra Region.
A former Attorney-General and Minister of Justice, Mr Ayikoi Otoo, who is counsel for the plaintiffs, graphic.com.gh that the EC did not follow the letter of the Constitution in creating the new constituencies.
He said his clients were of the conviction that the EC did not follow due process in creating the new constituencies.
He explained that it was on that basis that his clients had filed the writ at the Supreme Court for interpretation of the Constitutional provisions mandating the Commission to create constitutions.
The EC, in line with the Constitution, has prompted Parliament of its decision to create 45 more constituencies, following the government’s creation of new districts.
If carried through, the total number of constituencies will increase from the present 230 to 275.
Mr Otoo said the Supreme Court was expected to give directions on the matter.
He said the EC, in creating the new constituencies, failed to look at the population quota as enshrined in Article 47(3) of the Constitution.
“Article 47(3) provides that the boundaries of each constituency shall be such that the number of inhabitants in the constituency is as nearly as possible equal to the population quota,” he quoted, adding “it is the view of the plaintiffs that the EC has not been taking the population quota into consideration.”
Mr Otoo explained further that by virtue of the EC’s flawed action, the Greater Accra, which has its population increasing to over 4 million- with the announcement of the new census figures- does not have a commensurate increase in the number of constituencies.
The Greater Accra Region currently has 27 constituencies.
“Now after the population census has been published, the figures are clear that the Greater Accra is leading with over four million people, having overtaken the Ashanti Region and yet Greater Accra, looking at the new constituencies, is just going to get about seven constituencies extra, which is just the same as Northern Region is going to get,” he argued.
According to him, the EC was only looking at boundaries, means of communications, geographical features of a particular area as spelt out rather than the supreme condition of the population size for a constituency to be created.
“It seems to us that the Commission has over the years been looking at the exceptions in the law rather than the mandatory population census,” he said
Source: Daily Graphic
