THE REPUBLIC VRS CIRCUIT COURT, TEMA EXPARTE: NENE TETTEH HUAZO
January 23, 2024
HIGH COURT
GHANA
CORAM
- LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Criminal Law and Procedure
- Administrative Law
January 23, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court ruling by Ladyship Justice Patricia Quansah addresses an application for judicial review in the form of prohibition aimed at restraining Circuit Court A, Tema from trying a pending criminal case against Nene Tetteh Huazoo II (case D21/12/22). The Applicant argued the case was essentially a chieftaincy dispute involving Osudoku Traditional Areas paramount chieftaincy, and thus outside the Circuit Courts jurisdiction. After reviewing affidavits, statutes, and precedent, the High Court held the Circuit Court has original jurisdiction over the charged offences (Act 29 s.207(1), Act 775 s.76(1), Act 759 s.63) under Courts Act, 1993 (Act 459) s.43, and that the appearance of chieftaincy issues does not transform the matter into a chieftaincy cause. Finding no excess of jurisdiction, procedural irregularity, or breach of natural justice, the court dismissed the motion, directed the Applicant back to the Circuit Court for trial, and awarded costs of GH2,000 to the Interested Party.
RULING ON A MOTION FOR JUDICIAL REVIEW IN THE FORM OF PROHIBITION
1. INTRODUCTION[i] The Applicant herein, per his Counsel, filed this present motion for judicial review and seeking the reliefs below against the Respondent herein, the Circuit Court Tema: a. A declaration that, in substance the facts upon which Applicant is being tried are matters affecting chieftaincy, namely, the nomination, election, and installation of a paramount chief in Osudoku Traditional Area.
b. A prohibition order directed at the Circuit Court, A Tema, from further hearing and determining the cause or matter affecting chieftaincy clothed as criminal case before it; case number D21/12/22; titled Republic vrs Nene Tetteh Huazoo II. [ii] In effect, the Applicant’s Counsel seeks an order from this Court “to prohibit the Circuit Court A, Tema from hearing and determining the currently pending suit before it, i. e. suit No. D21/12/22 entitled THE REPUBLIC VRS NENE TETTEH HUAZO I. ”2. FACTS OF THE APPLICANT’S CASE [iii] In the supporting affidavit, the Applicant contended that there is a criminal case against him at the Circuit Court, Tema but in substance, that case is a cause or matter affecting chieftaincy, namely: the nomination, election and installation of the paramount chief of Osudoku Traditional Area. [iv] According to the Applicant, even though the people of the Osudoku Traditional Area and the Royal Dorsi Family of Osudoku have not enstooled the Interested Party as the paramount chief of the Osudoku Traditional area, “for some time now, the elders and ordinary citizens of Osudoku Traditional Area in general have observed with unspeakable uneasiness that the interested party herein, has been holding himself out loudly as the paramount Chief of Osudoku under the Stool name, 'Nene Aadegbo Ngmongmowuyaa Kwesi Animle VI. ”[v] Among others, the Applicant added that in or around September 2016, the Interested Party, more or less seized power at the Osudoku Traditional Council, managed his way, with the connivance of the Registrar of the Traditional Council, to impose himself on the Traditional Council as its President, when the procedure for nominating, electing, selecting and installing of a paramount Chief in Osudoku Traditional Area had not been undertaken with respect to the Interested Party. [vi] Any time the Royal Family tried to call the Interested Party to order, he retorted that he had been gazetted as Paramount Chief and threatened to call the Police and so