THE REPUBLIC VS THE REGISTRAR EX-PARTE ATTORNEY-GENERAL
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP RUBY NAA ADJELEY QUAISON (MRS)
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicant sought a certiorari order from the High Court to quash a decision by the Circuit Court Kibi, which released an excavator despite a previously filed Nolle Prosequi and case transfer to Circuit Court B, Koforidua. The High Court, exercising its supervisory jurisdiction under Article 141 of the 1992 Constitution and relevant statutory provisions, found that the Circuit Court Kibi lacked jurisdiction (functus officio) after having discharged the accused and transferred the case. The High Court quashed the Circuit Court Kibi's order and emphasized the principles and statutory rules governing the jurisdiction and application of Nolle Prosequi.
Article 141 of the 1992 Constitution states as follows; “The High Court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority and may in the exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers”Flowing from the Constitutional provision, Section 16 of the court Act, 1993 (Act 459)says; “In accordance with article 141 of the Constitution, the High Court has supervisory jurisdiction over the lower courts and all lower adjudicating authority and may in the exercise of that jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory powers”. Order 55(1) & (7) of CI 47 also states thus“…ORDER 55—APPLICATION FOR JUDICIAL REVIEW Rule 1—Cases Appropriate for Application for Judicial Review: An application for (a) an order in the nature of mandamus, prohibition, certiorari or quo warranto; or (b) an injunction restraining a person from acting in any public office in which the person is not entitled to act; or, (c) any other injunction, shall be made by way of an application for judicial review to the High Court…Rule 7—Certiorari (1) Where the applicant seeks an order of certiorari to remove any proceedings for the purpose of quashing them the applicant shall at least seven days before the hearings of the application file in the registry of the Court a copy of any order, warrant, commitment, conviction, inquisition or record verified by affidavit, otherwise the applicant shall not be heard unless the applicant's failure to do so is explained to the satisfaction of the Court.
2)On the hearing of an application for certiorari, the Court if satisfied that there are grounds for quashing the decision or proceeding to which the application refers, may quash it and may in addition to quashing it remit the matter to the court, tribunal or authority concerned with a direction to reconsider it and proceed in accordance with the findings of the Court. . . ”It is pursuant to these provisions that the applicant has invoked the supervisory jurisdiction of this court and is seeking to quash by way of certiorari, the ruling and order of the circuit court kibi dated 17th November 2023 attached as Exhibit OAG 9 and Exhibit 3. The applicant submits that this Court being a High Court exercises superviso