REPUBLIC v. JUDICIAL COMMITTEE & OTHERS

Irene Charity Larbi (Mrs) J.A.

(1) This appeal emanates from the decision of the High Court Sekondi dated 19th May 2014 which dismissed an application filed by the Applicant/Appellant for Judicial Review in the nature of certiorari to quash the decision of the five member Judicial Committee of the Sekondi Traditional Council.

Facts antecedent to the aforesaid decision are as follows:-

The predecessors-in-title to the Appellant herein and three other persons commenced an action by a writ filed on 16/06/2005 before the Judicial Committee Sekondi Traditional Council against the Interested Party/ Respondent claiming the following reliefs:-

1. A declaration that the nomination and selection of one

Armoh as the chief of Fijai by the Defendants is contrary to custom and tradition and therefore null and void.

1. A declaration that the 3rd Plaintiff was validly nominated, selected, confirmed and outdoored as the Chief of Fijai.

2. Perpetual injunction restraining the Defendants from installing and outdooring the said Armoh as the Chief of Fijai.

(2) Upon service of the writ on the Defendants in the said action, they filed a motion to dismiss the whole action.

The motion was dismissed on 21/12/2005 by the Judicial Committee. Thereafter the Judicial Committee proceeded to take evidence from the parties on the substantive matter and delivered its judgment (undated).

The Judicial Committee after a critical examination of the evidence adduced by the parties delivered its judgment and made an order that the parties should unite and select one candidate for enstoolment.

(3) The parties could not unite as ordered by the Judicial Committee to nominate one candidate.

On 7th August 2013, the Sekondi Traditional Council by a letter (Exhibit ‘EKS8’) requested the parties “to present relevant document which will permit you ascend to the stool of Fijai”. The parties complied and submitted document’s to the Traditional Council.

On 13th November, 2013, a five member Judicial Committee relying on the documents submitted by the parties delivered its ruling (Exhibit ‘EKS 11’) the same as (‘KSM5’) headed;

“Applicant Eligible To Nominated A Candidate To Be Chief Of Fijai”.

(4) The concluding paragraph of the ruling is as follows:-

“Our investigation has proved that there is no Royal family with the Sub-title Kokodo Abantwewa Ebiradze in the Dutch Sekondi. Further the fact that 2nd Applicant has demonstrated that they are in possession of the Black Stool, there is ample e