THE REPUBLIC VS THE PRESIDENT, HIS ROYAL MAJESTY & ORS EX PARTE: SETH OTU OKLEY
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Administrative Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court ‘B’ at Tema, the Applicant, acting Head of the Adzin‑We Family of Katamanso, sought judicial review remedies (declarations, certiorari, mandamus, injunction) to invalidate the induction of Nii Laryea Afotey‑Agbo—then serving as the Member of Parliament for Kpone Katamanso—as Regent of Katamanso and as a member of the Nungua Traditional Council by His Royal Majesty King Odaifio Wolentsi III. The Applicant alleged breaches of customary procedure and relied on a ministerial directive to nullify the regency and Council induction. The Respondent opposed, raising preliminary objections that the application was out of time under Order 55 of C.I. 47 and that the High Court lacked jurisdiction over chieftaincy matters and non‑public acts of a traditional authority. The court held the application was incompetent for exceeding the six‑month limit without any extension and, on substance, explained that regents are appointed caretakers and not chiefs. The application was dismissed with costs of GHS 5,000.
RULING ON AN APPLICATION FOR JUDICIAL REVIEW
1. INTRODUCTION[i] The Applicant herein has brought the present application praying this Honourable Court for an order(s) for judicial review in the nature of declarations, certiorari, mandamus and injunction and more specifically(a) A declaration that the induction of Mr Laryea Afotey - Agbo (a member of Ghana’s Parliament) as a member of the Nungua Traditional Council pursuant to his purported installation as a Regent of Katamanso is unlawful, null and void and ought to be reversed.
b) An order of mandamus directed at the President of the Nungua Traditional Council, His Royal Majesty King Odaifio Wolentsi III, to expel or remove the said Laryea Afotey - Agbo as a Member of Nungua Traditional Council and nullifying the purported installation of the said Laryea Afotey - Agbo as being contrary to the 1992 Constitution and the Chieftaincy Act, 759 of 2008.
c) An order of injunction restraining the Respondent, his agents, servants or assigns and the said Honorable Laryea Afotey – Agbo from being held out as a Regent of Katamanso and for the said Honourable Laryea Afotey - Agbo, holding himself out as a validly installed Regent of Katamanso. [ii] In the supporting affidavit, the Applicant contended that he was the acting Head of the Adzin - We Family of Katamanso from where Laryea Afotey –Agbo, who holds himself out as a Regent of Katamanso hails; and the Applicant further stated that the stool of Katamanso belonged to the Applicant’s family. [iii] In or around 2018, the Applicant stated that it became necessary for the Katamanso stool to have a Regent appointed and installed because the current Chief of Katamanso, the Father of Laryea Afotey Agbo, had become incapacitated for a considerable length of time.
Since customarily and traditionally, the Kingmakers of the Adzin – We family nominated, elected and installed Chiefs, it behoved on the kingmakers of Katamanso and Principal members of the family to also appoint the required Regent, who first had to be presented by the Head of Family as a candidate and would be taken through the procedure of nominating, electing and installing him as a Regent. [iv] In the present case however, the said Laryea Afotey – Agbo did not go through the requisite customary processes of being nominated by the Head of Family and presented to the Kingmakers and Principal Members of the Family on his purported appointment as a Regent.
Further, apart from the customary procedura