THE REPUBLIC VRS. DISTRICT COURT, CAPE COAST EX PARTE; WILLIAM ADDISON
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicants, who were sureties for an accused person in a criminal case, applied to the High Court for certiorari to quash the District Court's decision ordering them to pay a penalty and compensation after the accused failed to appear. The High Court found that the District Court, presided by Magistrate Anita Sheila Crabbe, exceeded its jurisdiction by ordering compensation payment, which is not permitted under the applicable law. The High Court cited several precedents and statutory provisions to support its decision, ultimately quashing the lower court's order as null and void.
The Applicant has invoked the Supervisory Jurisdiction of the High Court praying for prerogative writs of: A. CERTIORARI to quash: i. The ruling delivered by the Trial District Court, Cape Coast presided over by Her Worship Anita Sheila Crabbe, Esq. District Magistrate dated 22nd September, 2023 in the cause or matter titled REPUBLIC VRS. FREDERICK YARQUAH, WILLIAM ADDISON & ANOR.
SURETIES with COURT CASE NO. 187/2023 for excess of jurisdiction in terms of the affidavit in support.
SCOPE OF THE SUPERVISORY JURISDICTION OF THE HIGH COURT.
Article 141 of the Constitution 1992 provides: “The High Court shall have supervisory jurisdiction over all lower court and any lower adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory jurisdiction. ”Section 16 of the Court Act, 1993 (Act 459) provides also provides: “The High Court shall supervisory jurisdiction over all lower courts and any lower adjudicating authority, and may, in the exercise of that jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory powers. ”Order of prohibition or certiorari are means for ensuring that the machinery of public administration works properly and that justice is done.
In the case of Republic Vrs. Korle Gonno District Magistrate Grade I; Ex parte; Ampomah (1991) GLR 535 SC, it was held that an applicant for orders of certiorari or prohibition need to show that some personal legal right of his was at stake.
All questions and doubts about the principles of judicial review were effectively answered and set to rest in the unanimous decision of the Supreme Court in Republic Vrs. High Court, Accra; Ex-parte Commission on Human Rights and Administrative Justice (Addo Interested Party) (2003-2004) 1 SCGLR 312; known as (Ex parte CHRAJ case). In the case of Republic Vrs. Fast Track High Court, Accra; Ex parte Electoral Commission (Mettle Nunoo and Others Interested Parties) (2005-2006) SCGLR 514, the Supreme Court held that the intervention powers of the Court are to be used to prevent plain illegality or injustice and also to ensure fairness.
What is important is that there is some legal or constitutional basis for the action.
Therefore, to succeed in an application for an order of Certiorari,