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
- Constitutional Law
- Civil Procedure
- Administrative Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for judicial review concerning the appointment of a Member of Parliament as a Regent and his induction into a Traditional Council. The court dismissed the application on procedural grounds, primarily due to it being filed outside the prescribed time limit. The judgment emphasizes the importance of adhering to procedural rules, particularly regarding time limits for judicial review applications. It also clarifies the distinction between Regents and Chiefs, noting that Regents are not subject to the same appointment procedures as Chiefs. The court's decision underscores the significance of jurisdiction in legal proceedings and the duty of courts to consider jurisdictional issues even if not raised by the parties. Overall, the case highlights the interplay between customary practices, statutory law, and procedural requirements in Ghana's legal system.
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