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Chapter Four

LAWS OF GHANA

Article 11 THE LAWS OF GHANA

(1) The laws of Ghana shall comprise-

(a) This Constitution;

(b) Enactments made by or under the authority of the Parliament established by this Constitution;

(c) Any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution.

(d) The existing law; and

(e) The common law.

(2) The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.

(3) For the purposes of this article, "customary law" means the rules of law, which by custom are applicable to particular communities in Ghana.

(4) The existing law shall, except as otherwise provided in clause (1) of this article, comprise the written and unwritten laws of Ghana as they existed immediately before the coming into force of this Constitution, and any Act, Decree, law or statutory instrument issued or made before that date, which is to come into force on or after that date.

(5) Subject to the provisions of this Constitution, the existing law shall not be affected by the coming into force of this Constitution.

(6) The existing law shall be construed with any modifications, adaptations, qualifications and exceptions necessary to bring it into conformity with the provisions of the provisions of this Constitution, or otherwise to give effect to, or enable effect to be given to, any changes effected by this Constitution.

(7) Any Order, Rule or Regulation made by a person or authority under a power conferred by this Constitution or any other law shall -

(a) Be laid before Parliament;

(b) Be published in the Gazette on the day it is laid before Parliament; and

(c) Come into force at the expiration of twenty-one sitting days after being so laid unless Parliament, before the expiration of the twenty-one days, annuls the Order, Rule or Regulation by the votes of not less than two thirds of all the members of Parliament.

Interpretation\Insight

Article 11(7)

Stephen Nii Bortey Okane & 5 others v Electoral Commission of Ghana and Attorney-General

WRIT NO. J1 / 2 / 2011 23RD JUNE, 2011

The target of the writ was the validity of The Local Government (Creation of New District Electoral Areas and Designation of Units) Instruments, 2010 (LI 1983). The Local Government(Creation of New District Electoral Areas and Designation of Units) Instruments, 2010 (LI 1983) was prepared and laid before Parliament. When LI 1983 was laid before Parliament, it had twenty-four electoral areas: twelve for Ledzekuku and twelve for Krowor.

When LI 1983 was laid before Parliament, Parliament referred it to its Committee on Subsidiary Legislation, per its Standing Orders.

The rule is that after 21 days, LI 1983 automatically came into force. In the instant case, by the time the LI came into force, the number of electoral areas in Ledzekuku had been increased to 16 while the electoral areas for Krowor remained as twelve.

By increasing the numbers, Parliament, through the Subsidiary Legislation Committee, had interfered with the LI as laid before Parliament. The main question raised in this case was how far Parliament could interfere with such legislation when it is laid before it for 21 days under the 1992 Constitution.

It is that source or the framers of the LI that has the power to amend the legislation. This is supported by the 1992 Constitution, article 297(d).

In the instant case, what Parliament did by increasing the number on the electoral area of Ledzekuku from twelve to sixteen amounted to amending the Regulation laid before it.

There is no provision in article 11(7) quoted above for Parliament to amend the Regulation as laid before it. Parliament is authorized to annul the Regulations by the votes of two-thirds of the members of Parliament.

To the extent that Parliament amended the Local Government (Creation of New District Electoral Areas and Designation of Units Instrument, 2010 (LI 1983) differently from what was laid before Parliament instead of annulling it, the LI is ultra vires article 11(7) of the 1992 Constitution. It is therefore void and of no legal effect.

See

Article 297, Article 11(7)

NII TETTEH OPREMREH VRS THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL

WRIT NO. J1/3/2011 7TH DECEMBER, 2011

The Plaintiff sought for a declaration that on the expiration of 21 parliamentary sitting days, the original copy of The Local Government (Creation of New District Electoral Areas and Designation of Units) Instruments, 2010 (LI 1983) which was laid before Parliament on 19th October 2010 automatically came into force under ## Article 11(7) of the Constitution, 1992.

The court held that it is clear that the original L.I, 1983 which was laid before Parliament on 19th October 2011 was not rejected or annulled by the votes of two-thirds of the members of Parliament.

By the interpretation given above, it is correct that the Local Government (Creation of New Districts Electoral Areas Designation of Units) Instrument 2010 L.I. 1983 which was laid before Parliament on 19th October 2010 automatically came into force by the operation of ## Article 11 (7) of the Constitution 1992 after proof that there were 21 sitting days of Parliament after it was so laid before it. The combined effect of the above decision is that, the L.I. 1983 which contains the variations, amendments and or reviews made by the Subsidiary Legislation Committee of Parliament (See Stephen Nii Bortey Okane & 5 others v Electoral Commission of Ghana and Attorney-General) so far as it relates to the affected electoral areas are hereby declared null and void and accordingly struck down as unconstitutional.