The Supreme Court has dismissed a suit challenging the planned referendum for the creation of six new regions.
According to Graphic Online's court reporter, Emmanuel Ebo Hawkson, in a unanimous decision, a seven-member panel of the court held that the three individuals who initiated the suit failed to properly invoke the interpretative jurisdiction of the court.
The three plaintiffs, Mayor Agbleze, Destiny Awlimey and Jean Claude Koku Amenyaoglo went to the court seeking an interpretation of Article 5 of the 1992 Constitution, which deals with the creation of new regions, and merger of regions.
They had argued that it was unconstitutional for the referendum for the new regions to be limited to only the proposed areas.
According to them, the right thing was to allow all persons in the entire regions that would be altered to vote.
Dismissal
But in its judgement, Wednesday, November 28 morning, Ebo Hawkson reports the court held that Article 5 was clear, precise and unambiguous, and therefore, did not inquire any interpretation from the apex court.
It said Article 5 mandates the Commission of Inquiry to specify the areas where the referendum should be held, while the EC was mandated to prescribe the manner in which the referendum was to be held.
“Provisions of Article 5 is clear and contain no ambiguity. The plaintiffs have therefore failed to invoke the original jurisdiction of the court. The case is, accordingly, dismissed,” the court ruled.
The judgement was read by Prof. Justice Nii Ashie Kotey, while Justice Sophia Adinyera presided over the panel.
Other members of the panel were Justice Jones Dotse, Justice Anin Yeboah, Justice Samuel K. Marful-Sau, Justice Agnes M. Dodzie, Justice Nene A. Amegatcher.
Background
On August 15, 2017, the Council of State advised President Nana Addo Dankwa Akufo-Addo to appoint a Commission of Enquiry to look into the need to create six regions and make recommendations on all the factors involved in the creation of the new regions.
The commission, known as the Justice Brobbey Commission, which was established pursuant to Article 5 of the 1992 Constitution and Constitutional Instrument (CI) 105, commenced work on November 21, 2017.
On June 27, 2018, the commission presented its report to President Akufo-Addo and recommended the creation of six new administrative regions, namely, Oti, Ahafo, Brong East, Western North, North East and Savannah.
The Commission of Enquiry recommended to the President that the referendum be limited to the proposed new regions.
Consequently, the EC has set December 27, 2018 for the referendum.
Source: graphic.com.gh
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TOGBE AFEDE WHERE ARE YOU? ARE YOU TAKING THE RULING OR YOU WILL GO ICC IN THE HAGUE? POLITICAL AND E.THNOCENTRIC B1G0RT. OTI REGION ALL THE WAY.
Please some times we should take time to educate ourselves. We should distorting issues for our own convenience.
Inward looking anti-development bunch!
These Ayibge people are troublesome. Now the cart is out of the box. The oti region is in the offing coming like 'Kakai'. Absolutely nothing can stop the people from the Volta North to have their portion of the national cake. Enough of the hypocrisy and cheat from the people in the Southern Volta against the North.It is now clear that Oti people are free for ever.Nana Addo Dankwa Akuffo Addo we are forever grtaeful to you for your resilince and fortitude. We shall be grtaeful to you and your party. NPP shall have another stronghold in the Oti region whether Mahama understands it or not. NPP nie! Oti region nie!
She will empanel the same npp judges to rule in the favor of the case involving the national cathedral too. That's why nana addo said he will build the cathedral no matter what.
What type of panel is this? Where were the baffoe bonnies, the apaus, and the rest of the Senior judges. You panel inexperienced npp judges who just assume office two months ago to sit on this serious matter. This is why nana addo described the CJ as his chief conspirator.
As usual, the new judges were tried.What do you expect, they will rule in favour of the state.
THEY HAVE EGGS ON THEIR FACES! I LAUGH aaaa!