2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case primarily concerns whether the townships of Akuse and Amedeka are part of the Greater Accra Region or the Eastern Region of Ghana, under the interpretation of legislative instruments PNDCL 26 and PNDCL 28. The court examined whether the reliefs sought were the same as those in the Paul Obroni case and found in the affirmative. The judgments of previous in rem cases, especially Charles Mate Korle, were deemed binding and conclusive. The court denied jurisdiction over the matter, reinforcing their previous stance, thus dismissing the plaintiff's action.
GBADEGBE JSC:
On 15 January 2014, we pronounced judgment in the matter herein and reserved our reasons which we hereby provide as follows:
On 27 May 2014, we raised for the consideration of the parties a point of law that was carefully formulated as follows:
“Whether or not the reliefs in the instant action are not substantially the same as those sought in the case of Paul Obroni and Another v The Attorney-General and Others (Suit No J1/10/2013)?”
Following the said order, the parties have made full compliance by filing their respective responses to the point of law for the court’s consideration. While the plaintiff and the first defendant answered the question posed in the negative, the second defendant’s response was in the affirmative. In order to fully appreciate the said point of law and the responses filed by the parties reference is made in extenso with the reliefs claimed in the present action and that which was claimed in the Paul Obroni case (supra). In view of the fact that the issue was raised in the instant action, we commence with the reliefs claimed in the action herein.
i. “A declaration that on a true and proper interpretation of Article 4(1) of the Constitution, 1992 and the Greater Accra Act, 1982, PNDCL 26 as amended by Greater Accra Region (Amendment) Act, 1982, PNDCL 28, the ‘Erstwhile Osudoku Local Council’ established pursuant to Local Government (Osudoku Local Council) Instrument, 1952, constitute a part of the Greater Accra Region of the Republic of Ghana.
ii. A Declaration that, on a true, and proper interpretation of the Article 4(1) of the Constitution, 1992 and the Greater Accra Region Act, 1982, PNDCL 26 as amended by the Greater Accra Region (Amendment) Act, 1982, PNDCL 28, the townships of Akuse and Amedeka together with their electoral areas, namely, Salon Zongo New Town, Akutue, Osuduku Amedeka and Bungalow, being within the area of authority of the Erstwhile Osudoku Local Council, form part and parcel of the Greater Accra Region, one of the Regions provided for under Article 4(1) of the Constitution, 1992.
iii. A Declaration that the 1st Defendant, the Minister of Local Government and Rural Development, acted in excess of powers granted him under section 3 of the Local Government Act, 1993, Act 462, when he purported to place Akuse and Amedeka Townships together with their electoral areas, namely Salon, Zongo New Town, Akutue, Osuduku, Amedeka and Bungalow in the Lower Manya Krobo District (as it then was) within