Chieftaincy - Certiorari
- Cause or matter concerning
chieftaincy - Jurisdiction -
Traditional Council - 76 (a) of
the Chieftaincy Act, 2008, Act
759- Whether or not
the High
Court erred in exercising
jurisdiction over the Ada
Traditional Council -
HEADNOTES
The crux of this matter is that
the Kabiawetsu clan of Big Ada,
allegedly nominated and
installed Nomo Jonathan Dzabeku
Abodoadzi as the Divisional
Chief (Wetsoyi) in succession to
the last deceased Wetsoyi of the
said clan. The applicant, the
Ada Traditional Council was
notified of this installation
and a date was fixed for the
presentation of the new Wetsoyi
to it, but the event was
postponed. However on the 7th day
of January 2013, the applicant
rather had one Haruna Ocansey
presented to it as the new
Wetsoyi. Aggrieved, the
Interested Party successfully
applied and quashed the decision
of the Ada Traditional Council
by certiorari order of the High
Court Accra s.. The High Court
therefore lacked jurisdiction
over the matter. -
HELD -
We curtail this matter on the
ground that the aforementioned
application to the High Court
manifestly related to a cause or
matter concerning chieftaincy,
as it plainly was based on the
question as to who was the
rightful Divisional Chief For
all the foregoing reasons the
application is granted. Let the
order of the High Court, Accra
dated the 24th day of
July 2015 be brought up before
this court to be quashed and the
same is hereby quashed.
STATUTES REFERRED TO IN JUDGMENT
the Chieftaincy Act, 2008, Act
759
CASES REFERRED TO IN JUDGMENT
In
re Wa-Na; Republic v. Fijoli-Na;
Ex parte Yakubu and others
(1987-88)1 GLR 180 C.A.
BOOKS REFERRED TO IN JUDGMENT
DELIVERING THE LEADING JUDGMENT
ATUGUBA, JSC:
COUNSEL
JOSEPH NICOLAS
NKRUMAH ESQ. FOR THE
APPLICANT.
J. A. LARKAI INTERESTED
PARTY
_______________________________________________
R U L I N G
---------------------------------------------------------------------------------------------------------------------
ATUGUBA, JSC:
FACTS
The Applicant moves this court
“for an order of certiorari
directed at the High Court,
Accra to bring forth and to be
quashed the Ruling of the Court
presided over by Her Ladyship
Justice Barbara Ward Acquah
(Mrs.), on the ground that the
High Court erred in exercising
jurisdiction over the Ada
Traditional Council, it not
being its judicial committee.
The crux of this matter is that
the Kabiawetsu clan of Big Ada,
allegedly nominated and
installed Nomo Jonathan Dzabeku
Abodoadzi as the Divisional
Chief (Wetsoyi) in succession to
the last deceased Wetsoyi of the
said clan. The applicant, the
Ada Traditional Council was
notified of this installation
and a date was fixed for the
presentation of the new Wetsoyi
to it, but the event was
postponed. However on the 7th
day of January 2013, the
applicant rather had one Haruna
Ocansey presented to it as the
new Wetsoyi.
Aggrieved, the Interested Party
successfully applied and quashed
the decision of the Ada
Traditional Council by
certiorari order of the High
Court Accra, presided over by
Mrs. Barbara Ward Acquah J,
dated the 24th day of
July, 2015.
It
is against this order that this
present application, aforesaid,
has been brought.
The applicant’s contention is
that it is not amenable to the
supervisory jurisdiction of this
court in as much as it is rather
its judicial committee which is
an inferior court and thus
amendable to our said
jurisdiction.
We
curtail this matter on the
ground that the aforementioned
application to the High Court
presided over by Mrs. Barbara
Ward Acquah J manifestly related
to a cause or matter concerning
chieftaincy, as it plainly was
based on the question as to who
was the rightful Divisional
Chief or Wetsoyi nominated and
installed by the Kubiawetsu
clan. This is plain from s.
76(a) of the Chieftaincy Act,
2008, Act 759. The High Court
therefore lacked jurisdiction
over the matter.
See In re Wa-Na; Republic v.
Fijoli-Na; Ex parte Yakubu and
others (1987-88)1 GLR 180
C.A.
For all the foregoing reasons
the application is granted. Let
the order of the High Court,
Accra presided over by Mrs.
Barbara Ward Acquah J dated the
24th day of July 2015
be brought up before this court
to be quashed and the same is
hereby quashed.
(SGD) W. A.
ATUGUBA
JUSTICE OF THE SUPREME
COURT
(SGD) S. O. A.
ADINYIRA (MRS)
JUSTICE OF THE SUPREME
COURT
(SGD) ANIN YEBOAH
JUSTICE OF THE SUPREME
COURT
(SGD) A. A. BENIN
JUSTIC E OF THE SUPREME
COURT
(SGD) J. B. AKAMBA
JUSTICE OF THE SUPREME
COURT
COUNSEL
JOSEPH NICOLAS
NKRUMAH ESQ. FOR THE
APPLICANT.
J. A. LARKAI
INTERESTED PARTY. |