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NII ODAI AYIKU IV v. THE ATTORNEY-GENERAL & ANOTHER

February 17, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, JSC (PRESIDING)
  • ANSAH, JSC
  • ADINYIRA (MRS), JSC
  • OWUSU (MS), JSC
  • ARYEETEY, JSC

Areas of Law

  • Constitutional Law
  • Civil Procedure
  • Administrative Law

AI Generated Summary

The Supreme Court of Ghana dismissed Nii Odai Ayiku IVs appeal seeking to restore a default judgment that had declared PNDC Executive Instrument E.I. 18 invalid and affirmed his status as the lawfully enstooled Mantse of Nungua. After the Attorney-General failed to appear, Ebiasah J entered judgment for all reliefs; years later, the then current Mantse of Nungua successfully moved before Asamoah J to set that judgment aside on jurisdictional grounds. The Court of Appeal unanimously affirmed. In the Supreme Court, Justice Rose Owusu held that the plaintiffs claims squarely raised a cause or matter affecting chieftaincy, beyond the High Courts jurisdiction, and further that the 1992 Constitutions Transitional Provisions (s.34(3)-(4)) and article 299 categorically bar any court from questioning PNDC actions such as E.I. 18. Concurring opinions agreed, emphasizing that default procedure could not cure a fundamental lack of jurisdiction.

JUDGMENT