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March 14, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF OKUNOR J.
This is an application in which the applicant, Nenyi Kwame Amu II, who describes himself as "Eguasehene of Senya Bereku" seeks an order of prohibition directed to, and restraining the Awutu Senya Traditional Council from including in its membership certain named persons on the ground that they "are not chiefs and their names are not in the national register of chiefs." To his application is attached an affidavit in the following terms:
“I Nenyi Kwame Amu II, Eguasehene of Senya Bereku, make oath and say as follows:
(1) That I am a member of the Awutu Senya Traditional Council.
(2) That the last president of the council, Odefo Issiw V, died some time in 1975.
(3) That the prerogative of electing a new Omanhene vests in the two asafo companies of Senya Bereku acting with the Tufuhene of Senya Bereku. They have not been able to agree.
(4) That the matter went before the Central Regional House of Chiefs whose decision on the matter is now pending before the National House of Chiefs, Kumasi.
(5) That pending the resolution of that matter, a regent in the person of one Abudulai Esseku II, is now acting president.
(6) That the regent instead of keeping the scales even between the two asafo companies, is siding with one company and in furtherance of that patronage is packing the council.
(7) That recently a meeting of the council was invaded by the police who insisted on searching some members.
(8) That six persons, namely K. A. Larbey, Kwame Okai, Apentey, E. B. Haizel, Michael Abbiw and Kow [p.372] Larbie, all of whom are not chiefs and whose names do not appear in the register of chiefs have been brought in to participate in the business of the council in order to give effect to the wishes of the No. 1 Asafo Company.
(9) That as a result the area is seething with unrest and the situation is pregnant with serious trouble. There has been arbitrary arrest of members of the council not sympathetic to the No.1 Company.
(10) That in the circumstances I swear to this affidavit in support of an application for leave to apply for an order of prohibition restraining the council from admitting the six persons mentioned."
It is the case for the applicant that by article 114 of the Constitution, 1969, which was still operative at the time of the application, the High Court can supervise and give orders to the inferior tribunals and grant orders of certiorari and prohibition. Traditional councils are "creatures of statute" with statutory
AI Generated Summary
The High Court (per Okunor J.) considered an application by Nenyi Kwame Amu II, the Eguasehene of Senya Bereku and a member of the Awutu Senya Traditional Council, seeking an order of prohibition to restrain the Council from including six named individuals alleged not to be chiefs and not listed in the National Register of Chiefs. The court reviewed the supervisory jurisdiction under article 114 of the 1969 Constitution and the scope of prohibition, adopting Atkin L.J.’s formulation that it lies against bodies with a duty to act judicially. It held that the act complained of—“packing” the Council’s membership—was purely administrative, since a full Traditional Council is deliberative unless sitting as a judicial committee. Prohibition restrains specific acts, not general conduct or completed acts; the application, framed generally or against completed acts, was incompetent. The court noted the statutory remedy under section 14(4) of the Chieftaincy Act, empowering the National House of Chiefs to amend the Register, and observed that the applicant had not proved the six were not members by reference to the National Register. Although any person may seek prohibition, delay and acquiescence can bar relief. The application was dismissed with costs.