THE REPUBLIC vs. THE HIGH COURT, ACCRA EX-PARTE: WILLIAM ADDAE-ATCHEWEREBUO AND OTHERS, INTERESTED PARTIES; DAASEBRE ASARE BAAH III AND OTHERS

The Minister of Local Government created the Biakoye District by carving out 27 electoral areas from the Jasikan District, naming Nkonya Ahenkro as the district capital. The Applicants were elected Assembly members representing some of these electoral areas. The Interested Parties challenged the creation and naming of the district capital as illegal, obtaining interlocutory injunctions restraining the inauguration and functioning of the Biakoye District Assembly. The Applicants, not initially parties to the suit, were affected by the injunctions and sought to invoke the Supreme Court's supervisory jurisdiction to quash the High Court's orders and prohibit it from continuing the suit, arguing the High Court lacked jurisdiction to strike down legislation under Article 130(1)(b) of the 1992 Constitution.

DOTSE, JSC:- On the 15th day of June, 2009, the Applicants herein, describing themselves variously as the elected Assembly members for the Tepo, Tepa-Manya, Akposo-Kabo and Bowiri Amanfrom electoral areas in the Jasikan District of the Volta Region of the Republic of Ghana respectively, brought the instant application seeking to invoke the supervisory jurisdiction of the Supreme Court for certiorari and prohibition directed at the High Court Accra then presided over by Mrs. Justice Agyeman Bempah for the following reliefs: i. To quash the order of interlocutory injunction of the court dated 13th day of May, 2009 as well as other proceedings giving rise thereto, and ii. To prohibit the said High Court from continuing to exercise jurisdiction in the suit in which the order of interlocutory injunction was made, namely suit No. BMISC. 373/2008 titled Daasabre Asare Baah III and four others vrs. The Attorney-General and Another. The grounds upon which the application has been based...