REPUBLIC v. NATIONAL HOUSE OF CHIEFS, KUMASI & ANOTHER
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A. (PRESIDING)
- ADJEI, J.A.
- ACKAH-YENSU, J.A
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Dennis Adjei, J.A., arises from an unsuccessful bid by the Paramount Chief of Upper Axim (installed in December 1984 and gazetted in June 1992) to use judicial review to undo the National House of Chiefs’ deletion of his name from the National Register of Chiefs. After Ebussuapanyin Kojo Assabil petitioned, the Western Region House of Chiefs declared the appellant’s nomination, election and installation a nullity in November 1986. The appellant appealed only the 14 March 1989 refusal to set aside that decision, not the 1986 judgment itself. In 2009, his name was deleted from the register; he sought certiorari, prohibition, and mandamus in the High Court, which refused relief. On appeal, the Court held that the 1989 appeal did not operate as a stay of the 1986 nullity decision; register entries are administrative and not amenable to certiorari; prohibition cannot undo completed acts; and mandamus requires proven chiefly status. The appeal was dismissed and the High Court’s decision affirmed, with the other panel members concurring.
DENNIS ADJEI, J.A:
The Applicant/Appellant herein (hereafter called the Appellant) who was dissatisfied with the judgment delivered by the High Court Sekondi on 26th January, 2010 filed a notice of appeal against the judgment on 21st April, 2010. His main prayer was for an order to reverse the said judgment of the High Court, Sekondi and enter judgment in his favour.
The brief facts of the matter were that the Appellant was nominated, elected, selected and installed as the Paramount Chief of Upper Axim in the Western Region on 22nd December 1984. He was subsequently gazzetted by the National House of Chiefs on 5th June 1992. After the nomination, election, selection and installation of the appellant, one ebusuapanyin Kojo Assabil filed a petition at the Judicial Committee of the Western Region House of Chiefs to challenge the said nomination, election and installation of the Appellant. The suit which was filed on 20th December, 1984 was against the Appellant herein and one Amo Mieza of Axim. On 20th November 1986 the Judicial Committee of the Western Region House of Chiefs ruled against the Appellant herein that his election, nomination and installation were nullity. He filed a motion to set aside the ruling but same was dismissed on 14th March, 1989. On 16th March, 1989 he filed an appeal against the decision which refused to set aside the ruling delivered on 20th November, 1986. The appellant did not appeal against the decision declaring his election, nomination and installation null and void but he appealed against the ruling which dismissed his application to set aside the decision delivered on 20th November, 1986. An application to compel the National House of Chiefs to delete the name of the appellant herein from the Register of the National House of Chiefs was dismissed by the High Court on 20th December, 1994. When it came to the notice of the appellant that his name had been subsequently deleted from the register of the National House of Chiefs on 30th January, 2009, he filed an application at the High Court for an order of judicial review in the nature of certiorari, prohibition and mandamus against the Respondents herein. The certiorari was to quash the decision of the Research committee of the National House of Chiefs which deleted his name from the register of the House of Chiefs and the mandamus was to compel the National House of Chiefs to restore his name into the register of the National House of Chiefs. This was refused by the High Cour