Supreme Court Throws Out Challenge To 45 New Consttuencies

The Supreme Court has thrown out a suit challenging the constitutionality of the creation of 45 new constituencies by the Electoral Commission (EC).

A businessman, Mr Ransford France went to court on July 6, 2012, praying it to declare as unconstitutional and illegal the EC's decision to create the 45 new constituencies.

Also sued alongside the EC was the Attorney-General.

According to Mr France, due process was not followed in the creation of the new constituencies.

The applicant challenged the power of the EC to go ahead with the creation of new constituencies without first laying before Parliament, a constitutional instrument indicating clearly the mechanism, formula or modalities by which it intended to undertake that exercise.

The Representation of the People (Parliamentary Constituencies Instrument) 2012, CI 78, which gave effect to the creation of the 45 new constituencies had then been laid before parliament and was to mature on October 3, 2012.

Mr France had, during the legal vacation, prayed the court to restrain Parliament from considering CI 78 before the final determination of his suit but the court, on September 19, 2012, declined that, on the grounds that Parliament was an independent body with its own privileges.

Consequently, Parliament passed CI 78 into law on October 3, 2012, thereby paving the way for the newly created constituencies to have representatives in Parliament in 2013.