THE REPUBLIC VS THE REGIONAL HOUSE OF CHIEFS, GREATER ACCRA REGION EX PARTE: KPAKPO SAMOAH I

1. The motion for Judicial Review has been filed on 15/05/2019with an affidavit and a statement of case and a supplementary affidavit in support.

There are annexures.

The Relief sought is an order of Mandamus to compel, Respondent/House of Chiefs to provide a certified true copy of a FORM‘1A’ and FORM ‘1B’, to Applicant.

The application has been opposed, the affidavit in opposition and the statement of case, contain he reasons.

2. This application has been made under Order 55 of the High Court Civil Procedure Rules 2004, C. I. 47/04 47, and ARTICLE 141 of the 1992, Constitution.

3. I have put down two main issues for determination.

They are: a) Whether or not the Applicant not being a chief or a member of the Greater Accra, Regional House of Chiefs could make a request for the documents in question.

b) Whether or not Applicant has established a right to the performance of the duty requested.

4. I will allocate the burden of proof on the parties as stated below, given the averments, claims and denials made.

i) Applicant is obligated to establish that he has made demands for Chieftaincy Declaration, FORM ‘1A’ (i. e. C. D. FORM ‘1A’) and Chieftaincy Declaration, FORM ‘1B’ (i. e. C. D. FORM ‘1B’). ii) He must lead evidence in support of the request in terms of the procedure adopted (i. e. Judicial Review) and his interest in the request or documents aforementioned.

iii) Applicant is obligated to establish that Respondent has refused, unjustifiably or unreasonably to furnish the documents, in circumstances that amount to breaches of statutory duty imposed on it, to the detriment of Applicant.

iv) Respondent is under a legal and evidential burden to prove that, it is only a Chief and a member of the Greater Accra, Regional House of Chiefs, who can compel the performance of the duty demanded.

v) Respondent must establish that the documents are not in its custody, hence the impossibility of performance of the duty.

vi) It must be proved that there is an alternative remedy available to Applicant, and vii) That Applicant has exhibited conduct that does not merit the grant of the order.

5. THE APPLICABLE LAW In concise terms, mandamus, is one specie of writs known as prerogative writs, which are historically common law writs or processes available to a citizen, to compel the performance of a public duty.

The other writs are certiorari and prohibition.

Mandamus may be granted to compel an action to be taken, performed or executed by a body authori