Supreme Court "rejects" challenge of legality of referendum on new regions

Dan Botwe – Minister of Regional Reorganization

The Supreme Court rejected a complaint contesting the planned referendum for the creation of six new regions.

according to at Graph online Judicial stenographer, Emmanuel Ebo Hawkson, in a unanimous decision, a seven-member panel of the court found that the three people who had brought the lawsuit had not properly invoked the interpretative jurisdiction of the court.

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The three plaintiffs, Mayor Agbleze, Destiny Awlimey and Jean Claude Koku Amenyaoglo asked the court to interpret Article 5 of the 1992 Constitution, which deals with the creation of new regions and the merging of regions. .

They argued that it was unconstitutional to limit the referendum to the new regions to only the proposed regions.

According to them, the right thing to do was to allow all people in all regions who would be affected to vote.

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Dismissal

But in his judgment of Wednesday morning, 28 November, Ebo Hawkson announced that the Court had ruled that Article 5 was clear, precise and unambiguous and had therefore requested no interpretation from the court. supreme.

Article 5 mandates the inquiry commission to specify the areas in which the referendum should be held, while the EC's mandate is to determine the manner in which the referendum is to take place.

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"The provisions of Article 5 are clear and unambiguous. The plaintiffs did not therefore invoke the initial jurisdiction of the court. As a result, the case is closed, "the court ruled.

The judgment was read by Judge Nii Ashie Kotey, while Judge Sophia Adinyera chaired the panel.

The other members of the group were Judges Jones Dotse, Anin Yeboah, Samuel K. Marful-Sau, Agnes M. Dodzie and Nene A. Amegatcher.

Read also: Supreme Court to determine legality of the referendum on the new regions on November 28

Context

On August 15, 2017, the State Council advised President Nana Addo Dankwa Akufo-Addo to appoint an investigating commission to examine the need to create six regions and make recommendations on all the factors involved in creating new regions.

The Commission, known as the Justice Brobbey Commission, which was established under Article 5 of the 1992 Constitution and Constitutional Instrument No. 105 of 1992, began its work on 21 November 2017.

On 27 June 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 inquiry recommended to the president that the referendum be limited to the proposed new regions.

As a result, the EC set 27 December 2018 for the referendum.