REPUBLIC v. HIGH COURT (GENERAL JURISDICTION), ACCRA
February 6, 2019
SUPREME COURT
GHANA
CORAM
- AKOTO-BAMFO (MRS), JSC (PRESIDING)
- BENIN, JSC
- APPAU, JSC
- MARFUL-SAU, JSC
- KOTEY, JSC
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
February 6, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Appau, JSC, granted a judicial review application filed by Nii Agyemankese III seeking certiorari and prohibition in the Ga Mantse dispute. The Court examined whether the underlying High Court suit, titled Nii Tetteh Kwei II & 5 Others v George Adama Tackie aka Nii Adama Latse & 16 Others (BMISC 862/2015), was a cause or matter affecting chieftaincy. Applying sections 57 and 117(1) of the Courts Act, 1993 (Act 459), the Court concluded the reliefs challenged nomination, selection, installation and recognition of Nii Tackie Adama Latse II as Ga Mantse and the status of the Ga Dzasetse, squarely engaging chieftaincy jurisdiction. It held the High Court had no jurisdiction to entertain the suit or issue interlocutory injunction, mandamus, or contempt orders. Consequently, the Supreme Court quashed the three High Court rulings and struck out the underlying suit from the High Courts cause list. Four other Justices concurred in Appau, JSCs reasoning and conclusion.
APPAU, JSC:-
On 13th November 2018, the applicant herein Nii Agyemankese III, filed a motion on notice to invoke the supervisory jurisdiction of this Court in the nature of Certiorari and Prohibition; (i) to remove into this Court for the purpose of it being quashed the Order of the High Court, Accra Coram, Justice Nicholas Abodakpi dated 2nd November 2018 and (ii) a further order to prohibit the 1st interested party Nii Dodoo Nsaki II from inducting the 3rd interested party into office as Ga Mantse. The Order of Justice Nicholas Abodakpi which is the subject of the quashing order being sought by the applicant was directed to the 1st interested party to purge himself of his contempt of court for non-compliance with an earlier Order of Mandamus issued by Justice Gifty Dekyem dated 17th January 2017. Justice Gifty Dekyem’s Order in question was directed to the 1st interested party to induct the 3rd interested party Nii Tackie Adama Latse II into office as the Ga Mantse.
When the judicial review application came on for hearing on the 18th day of December 2018, counsel for the 2nd and 3rd interested parties gave notice of their intention to rely on a preliminary objection to the propriety of the application. The grounds of the objection were:
i. That the applicant had no locus to bring the application;
ii. That the applicant was not a party in the suit in which the order he is seeking to quash by certiorari was made;
iii. That the title to the application is erroneous; and
iv. That the application lacked merits and must be dismissed.
After hearing briefly from counsel for the 2nd and 3rd interested parties on the preliminary objection, the Court, instead of determining the preliminary objection, invited the lawyers representing all the parties in the matter to address it on the issue as to whether or not the substantive suit or action from which the Order of Justice Nicholas Abodakpi emerged, was not a cause or matter affecting chieftaincy. Our invitation was grounded on the premise that all courts, with the exception of the Supreme Court in the exercise of its appellate jurisdiction as provided under article 131 (4) of the Constitution, 1992, are insulated from exercising jurisdiction over chieftaincy matters.
Section 57 of the Courts Act, 1993 [Act 459] provides that; “Subject to the Constitution, the Court of Appeal, the High Court, a Regional Tribunal, a Circuit Court and a District Court shall not entertain either at first instance or on appeal