Court case on 45 constituencies dismissed
The Supreme Court (SC) on Friday unanimously dismissed a case against the Electoral Commission (EC) in the creation of the 45 new constituencies.
According to the Supreme Court the action brought by businessman Ransford France, challenging the authority of the EC to create the 45 new constituencies, was not founded in law.
According to the SC considering the resources and time sunk into the creation of the constituencies by the EC it would amount to waste of resources.
The court noted that the Constitution was not static and it should be interpreted as a living document to suit the current trends in the country.
“It would be improper to invalidate the discretional powers exercised by the EC,” stressing that; “Article 296 clause (c) did not affect the discretional powers exercised by the Commission”, the Court noted.
It noted that if the Court nullified the case of EC, it would amount to nullification of all Acts embarked by public bodies especially in issues concerning national interest.
Mr Ransford France and his lawyers had gone to the Supreme Court praying it to declare the Constitutional Instrument 78 as unconstitutional and therefore null and void.
This was after the court had dismissed a writ for an interlocutory injunction filed by lawyers of the plaintiff seeking to prevent Parliament from passing the C.I. 78 that was intended to give legal backing to the creation of the 45 new constituencies.
The businessman was challenging the powers of the EC to go ahead with the creation of new constituencies without first laying it before Parliament a Constitutional Instrument indicating clearly the mechanism, formula or modalities by which it intended to undertake that exercise.
On July 16 this year, the plaintiff proceeded to the SC praying it to perpetually restrain the EC from laying before Parliament any Constitutional Instrument creating new constituencies or revoking the Representation of the People (Parliamentary Constituencies) Instrument, 2004 [C.I. 46], until it lays before Parliament a Constitutional Instrument which clearly sets out the processes to be adopted by the EC.
Source: GNA