NII ODAI AYIKU IV vs. THE ATTORNEY-GENERAL AND WOR-NII BORTELABI BORKETEY LAWEH XIV

The plaintiff, Nii Odai Ayiku IV, claimed to be the lawfully enstooled Mantse (chief) of Nungua in the Ga Traditional Area since 1958. He challenged the validity of Executive Instrument (E.I.) 18 of 1983, which prohibited him from exercising the functions of chief, alleging that the Instrument was based on false facts, including an alleged destoolment in 1967 which he denied. The plaintiff instituted proceedings against the Attorney-General seeking declarations that the Instrument was null and void and that he remained the lawful chief despite the Instrument. The Attorney-General failed to appear, leading to a default judgment in favor of the plaintiff. Subsequently, the current chief, Wor-Nii Bortelabi Borketey Laweh XIV, intervened and successfully applied to set aside the default judgment on grounds that the High Court lacked jurisdiction over chieftaincy matters, which are exclusively within the jurisdiction of chieftaincy institutions and the Supreme Court under the Constitution and relevant statutes.

OWUSU (MS), JSC:- This appeal touches on the Jurisdiction of the High Court with regard to the reliefs claimed by the Plaintiff/Appellant/Appellant on his writ of summons issued on 2nd day of March 2001. By the writ of summons the plaintiff who described himself in the statement of claim as the “Mantse” of Nungua in the Ga Traditional Area, sought the following declarations – (i) “That E. I. 18” Nungua Chieftaincy Affairs (Nii Odai Ayiku IV) (prohibition) Instrument 1983 E. I. 18 is null and void having been based on facts which are untrue.” (ii) That E. I. 18 cannot operate to “destool” the plaintiff without judicial process (iii) That notwithstanding E. I. 18 the plaintiff is the lawfully enstooled Mantse of Nungua and entitled to exercise the functions appertaining to that status.” The original Defendant was the Attorney-General representing the Republic of Ghana. By a search conducted, it was revealed that even though the Attorney-General was served on 08-0...