Try asking the following...
JUDGMENT
ANSAH JSC.
On 7th May, 2014, this court gave a decision dismissing an appeal brought
before it against the unanimous decision of the Court of Appeal dated 23rd
February 2012, that certiorari did not lie to quash the deletion of the
applicant’s name from the National Register of Chiefs and intimated that full
reasons for the decision will be filed with the Registry of the court by the
close of work on Friday 8th May 2014; we hereby proceed to give the
reasons today.
For a proper understanding and appreciation of the issues involved in this
appeal, it is needful to state the facts and background of this case, albeit in
a brief form.
Facts and background of case:
They are that the appellant filed a motion on notice under Order 55 Rule 1
of CI 47, for an order of Judicial review to quash by certiorari the decision
of the research committee of the National House of Chiefs, (1st respondent)
held on the 30th January 2009, removing the name of the applicant from the
National Register of Chiefs. This appeal emanated from the Court of
Appeal (Civil Division sitting at Cape Coast), to this court when it decided
that was unable to quash by an order of certiorari the deletion of the
applicant’s name from the National Register of Chiefs when it was found
that the deletion of that name from the said National Register was illegal
and wrongful; the applicant maintained that after making that finding, the
respondent ought to have proceeded further to quash the decision by a
certiorari, as a necessary sequel thereto.
The applicant averred in his affidavit in support of the application before the
High Court filed on 27 July, 2009 that he was gazetted as a chief on 29th
August 2009 and thereafter his adversaries afflicted him with several
disputes all aimed at getting his name removed as a chief from the National
Register of Chiefs, but to no avail. The reason claimed as providing the
cassus belli for the efforts was his conviction by the Circuit Court, DunkwaOn-Offin, on 24th February 1992. Efforts to have the letter removing his
name from the National Register having failed, the applicant applied for
certiorari at the High Court, Cape Coast, but failed in that application. The
applicant was to suffer a similar fate at the Court of Appeal, Cape Coast,
where the appellate court stated that administrative decisions are not
amenable by certiorari.
Grounds of appeal before the Supreme Court:
Following upon that failure at the Court of Appeal, C