REPUBLIC v. EXECUTIVE CHAIRMAN, KUMASI CITY COUNCIL; EX PARTE GYIMAH AND OTHERS

JUDGMENT OF JONES-MENSAH J.

This is an application filed by fourteen Honourable Councillors of the Kumasi City Council for leave to issue a writ of quo warranto directed against Nana Akwasi Agyeman, to show by what authority he is presuming to exercise office of the Executive Chairman of the Kumasi City Council and exercising the functions thereof. The grounds on which the application is founded are:

1. That by virtue of the judgment of the High Court, Kumasi, dated 14 April 1980, in Gyimah v. Agyeman [1981] G.L.R. 427 the right resides in the Councillors of the Kumasi City Council to elect or appoint one of their number the Chairman of the Kumasi City Council. The respondent not having been so appointed, the appointment is void.

2. That by virtue of the decision of the High Court dated 14 April 1980, the term of office of the respondent has expired on 18 January 1980, the respondent's term of office could not in terms of section 7 (2) of the transitional provisions of the Constitution, 1979, be renewed.

3. That the appointment of the respondent is in any case irregular and without authority.

4. That the office of executive chairman being unknown to the Constitution, 1979, it is contrary to the letter and spirit of the provisions of article 182 of the said Constitution for the respondent to presume to exercise the office and functions of an Executive Chairman of the Kumasi City Council.

[p.468]

From these grounds they seek to pray for the following reliefs:

1. An order of injunction restraining the respondent, Nana Akwasi Agyeman, from exercising the office and functions of Executive Chairman of the Kumasi City Council.

2. An order declaring the office of Chairman (whether executive or regular) of the Kumasi City Council vacant.

In moving the motion, Mr. Hayfron-Benjamin was not, as usual, guilty of tedious repetition. With commendable brevity he nursed and nurtured the grounds on which he relied following the track set out in papers filed in support of his application. With befitting courtesy Mr. Hayfron-Benjamin prayed for leave for writ of quo warranto to issue to the offending Nana Akwasi Agyeman about whose re-appointment to the office of Executive Chairman of the Kumasi City Council with effect from 20 January 1980, made subsequent to the judgment of 14 April 1980 to which the applicants cling tight, he does not profess to doubt.

In praying this court for leave for writ of quo warranto to issue, the applicants flag this court's j