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REPUBLIC v. P.N.D.C. SECRETARY, P.N.D.C. SECRETARIAT AND ANOTHER; EX PARTE OTI AND OTHERS

1991

HIGH COURT

GHANA

CORAM

  • LUTTERODT J

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law
  • Alternative dispute resolution

AI Generated Summary

Following the death of Nii Aponsah III, Otublohum Mantse, in 1989, a dispute arose among the ruling houses of the Ga Traditional Council regarding the election of a new Otublohum Mantse. The second respondent appointed a panel of non-chiefs to determine the dispute, leading to a government white paper based on the panel's findings. The applicants sought an order of certiorari to quash the white paper, arguing the panel's appointment was ultra vires and it lacked jurisdiction. The court held that the panel was validly appointed under P.N.D.C.L. 42, and the retrospective validation by E.I. 25 of 1991 was lawful. The court found that the parties' participation in the proceedings estopped them from challenging the panel's jurisdiction, and ultimately dismissed the application.

JUDGEMENT