Supreme Court rejects new referendum trial

General News on Thursday, November 29, 2018

Source: citinewsroom.com

2018-11-29

The Supreme Court authorized the Electoral Commission to organize its referendum in areas reserved for the creation of new regions.

This follows the rejection of a complaint challenging the EC's decision to only allow residents of the affected areas to vote in the referendum.

According to the Supreme Court justices, there is no real question of interpretation, as the Constitution clearly states, the discretion given to the Electoral Commission.

The judges also stated that the inquiry commission did not err in suggesting how the referendum should be held because they did not have the final power of decision.

The plaintiffs, Mayor Agblexe, Destiny Awlimey and Jean-Claude Koku Amenyaoglo, sought an interpretation of Article 5 of the 1992 Constitution, which sets out the procedure for creating new regions.

They also asked for clarification on who qualified to vote in the referendum on the creation of the new regions, especially the Oti region.

Meanwhile, the plaintiffs lawyer, Albert Quarshigah, expressed his disappointment with the court decision.

Addressing the media, Mr Quashigah said that he was of the opposite view.

Context

The Justice Brobbey Commission was created to review applications for the creation of new regions and presented its report to the government.

The 19 members of the Commission, after holding consultations at the national level, urged the government to create the administrative regions known as Oti, Ahafo, Brong East, Western North, North East and Savannah.

The Electoral Commission has set 27 December 2018 as the referendum on the creation of new regions.

The Commission has embarked on a series of activities, including the registration of new electors and permanent voters, the display of the register of electors, and the procedures for transferring votes and granting proxy votes.

But some stakeholders in some areas, particularly in parts of the Volta region, are opposed to the Oti region.

Others are also concerned about the limitation of the referendum to areas that will be part of the new regions.

"We do not violate any law by creating new regions" – Nana Addo

President Nana Akufo-Addo had vigorously defended her government's decision to create new regions, saying it did not violate the 1992 constitution.

At a meeting with leaders of the Volta region at the Jubilee House in October 2018, President Akufo-Addo said the government was acting in accordance with the Constitution.

"I would not participate in anything that would attempt to overthrow Ghana's constitution. I have fought all my life to get a constitutional regime in this country, and if I become president and I am the one who undermines the constitution, then I am ridiculing myself. I would not do that. I do not think it has anything to do with ambition, disgust or hostility, no. So, Torgbui, through you and the chief leaders who accompany you, I beg you, let the temperature drop on this, "he pleaded.

L.I. referendum on new regions in Parliament

On November 14, 2018, the Committee on Subsidiary Legislation of Parliament tabled its report on the 2018 referendum settlement.

The regulations are part of the legal framework needed to support the next referendum in December 2018 for the creation of six new regions.

Brobbey report released on the creation of new regions – Minority

The minority in Parliament had previously called for the immediate release of Justice Brobbey's report, which recommended the creation of six additional regions in Ghana.

According to Haruna Iddrisu, leader of the minority, it is in the interest of transparency that the recommendations and other details of the commission's report be made public.

Speaking to the press, Haruna Iddrisu said that it was not correct that Parliament consider a constitutional instrument while no report had been presented to the House.

"It's in the interest of good governance, transparency; truthfulness and transparency in the fact that the report of the commission of inquiry is made public in order to allow the nation to verify that the constitutional instrument before the Parliament really reflects the content of the committee's report. "

"It must be open to the entire nation to allow us to better understand the Commission's thinking and the constitutionality of its recommendation, and to determine whether the constitutional instrument tabled in Parliament truly reflects the recommendations of the commission," he added. .