The Supreme Court (SC) will on March 5, deliver judgement in a suit filed by Mr Luke Mensah, a Sunyani-based farmer in respect of the creation of 30 new constituencies in the country. Mr Asomah-Kyeremeh, who represented the plaintiff, said Mr Mensah is seeking the interpretation of Article 47 (1), (5), and (6) as well as Article 113 of the 1992 Constitution in connection with the new constituencies.
The five-member panel, which has Mr Justice George Kingsley Acquah, the Chief Justice presiding, Ms Sophia Akuffo, Mr Justice Sam Glenn Baddoo, Dr Seth Twum, Professor Kodzo Kludze as members, announced after its second sitting on Wednesday.
The plaintiff is also seeking an order of perpetual injunction restraining any group of people and any other political party from doing or saying anything purported to derail the effort of the Electoral Commission (EC) to include the 30 newly constituencies in this year's elections.
The plaintiff stated that Articles 47 and 113 have, as many as seven and four sub-sections respectively whose meanings are not clear. This, the Plaintiff said, has generated national concern, which calls for constitutional interpretation.
The Plaintiff contended that upon proper interpretation of Articles 47 and 113 of the 1992 Constitution, the new constituencies created by the EC could be featured in the general election, contrary to arguments that it could not include the newly created constituencies in this year's elections.
The Plaintiff further averred that Articles 47 and 113 seek to confirm the provisions relating to the fundamental human rights and freedom in Chapter Five of the Constitution generally and in particular Articles 17 (1) and 23.
He was, therefore seeking relief per endorsed under Article 130 (1)a and 2(1)a of the Constitution.
The Plaintiff is further seeking a declaration from the SC that upon a true and proper interpretation of Articles 47 (1), (5) and (6) and 113 of the Constitution, the EC has the right to include the newly created constituencies in the 2004 general election.
