February 11, 2010
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Assembly members for Tepo, Tapa-Manya, Akposo-Kabo, and Bowiri Amanfrom sought the Supreme Court’s supervisory intervention to quash and prohibit High Court proceedings in suit No. BMISC.373/2008, where Daasebre Asare Baah III and others challenged the creation and operation of the Biakoye District Assembly under L.I. 1910 and E.I. 11 of 2007, including the naming of Nkonya Ahenkro as the district capital. The High Court had granted interlocutory injunctions in March 2008 and May 2009 restraining inauguration and operation of the Assembly. The Applicants argued that the High Court lacked jurisdiction to strike down legislation and that only the Supreme Court could do so under Article 130(1)(b). A preliminary objection asserted the application was out of time under Rule 62, but the Supreme Court held time ran from the 13 May 2009 order that first affected the Applicants. Meanwhile, the Interested Parties discontinued the High Court suit and commenced a fresh action in the Supreme Court, rendering the application moot, which the Court struck out after dismissing the preliminary objection.
DOTSE, JSC:-
On the 15th day of June, 2009, the Applicants herein, describing themselves variously as the elected Assembly members for the Tepo, Tepa-Manya, Akposo-Kabo and Bowiri Amanfrom electoral areas in the Jasikan District of the Volta Region of the Republic of Ghana respectively, brought the instant application seeking to invoke the supervisory jurisdiction of the Supreme Court for certiorari and prohibition directed at the High Court Accra then presided over by Mrs. Justice Agyeman Bempah for the following reliefs:
i. To quash the order of interlocutory injunction of the court dated 13th day of May, 2009 as well as other proceedings giving rise thereto, and
ii. To prohibit the said High Court from continuing to exercise jurisdiction in the suit in which the order of interlocutory injunction was made, namely suit No. BMISC. 373/2008 titled Daasabre Asare Baah III and four others vrs. The Attorney-General and Another.
The grounds upon which the application has been based can briefly be summarized as follows:-
1. That the High Court ordinarily has no JURISDICTION to strike down legislation as illegal or void having regard to the provisions of article 130 (1) (b) of the Constitution 1992.
2. That accordingly, the High Court lacks jurisdiction to hear and determine Suit No. BMISC. 373/2008 intituled Daasebre Asare Baah III and four others vrs The Attorney General and Another.
3. That not having any jurisdiction in the matter, the orders made and contained in the interlocutory injunction orders of 13th May, 2009 and attached to these proceedings as exhibit A were made ultra vires the powers of the High Court.
4. That the High Court has wrongly assumed jurisdiction in the matter and ought to be prevented from continuing with the case by the orders of prohibition.
It is therefore clear that jurisdiction is at the core of the grounds for bringing the application.
WHAT ARE THE FACTS OF THE CASE
The Minster of Local Government, pursuant to the Local Government (Biakoye District Assembly) (Establishment) Instrument, 2007 (L.I.1910) carved out some 27 electoral areas from the then existing Jasikan District, to form the nucleus of the newly created BIAKOYE DISTRICT.
The electoral areas from which the Applicants herein represent as Assembly men, namely Tepo, Tapa-Manya, Akposo-Kabo and Bowiri Amanfrom form part of the 27 electoral areas that constitute the new BIAKOYE District. It was alleged that Nkonya-Ahenkro had been named as the capital of th