Two residents of Nungua near Accra have sued the Electoral Commission (EC) and Attorney-General (A-G) at the Supreme Court seeking an order to compel the EC to review the 230 constituencies.
They want the EC to alter the constituencies, following the publication of the enumeration figures after the 2010 Population Census and in accordance with the egalitarian principle of fair representation embodied in the 1992 Constitution, especially Article 47(3) and (4) of the 1992 Constitution which emphasise more on population distribution. The plaintiffs are further seeking any or further reliefs as the court may deem fit.
The plaintiffs are Richard Odum Bortier of H/No. J807/1 Negba – Nungua and Daniel Quaye of H/No. J57/1 Sutsuru Naa – Nungua. They brought the action in their capacity as citizens of Ghana. The writ was filed by Mr Ayikoi Otoo of Otoo & Associates, an Accra legal firm.
A statement of case accompanying the writ said the EC was a constitutional body charged, inter alia, with the responsibility for organising elections throughout the country, including the demarcation of electoral boundaries for national and local government elections.
The A-G, it said, was the principal legal adviser to the Government of Ghana and required by law to be served with all processes involving the invocation of the original jurisdiction of the Supreme Court under the 1992 Constitution.
According to the plaintiffs, the matter is of a public interest and not a personal action and, therefore, the requirements of controversy or dispute or personal interest were unnecessary.