[2011]DLSC2578 • March 3, 2011 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, HO EX-PARTE: NANA DIAWUO BEDIAKO II
The applicants, Nana Diawuo and another, as Omanhene and stool father of the Pai Traditional area, were complainants in a criminal prosecution at the Circuit Court, Hohoe, where the interested parties were convicted and sentenced for conspiracy, unlawful damage, unlawful entry, and stealing related to the breaking into the stool room and theft of regalia. After conviction and sentencing by the Circuit Court, the interested parties applied for and were granted bail pending appeal by the High Court, Ho, which the applicants challenged as lacking jurisdiction.
read moreJONES DOTSE JSC: This is an application by Nana Diawuo and another, hereafter referred to as the applicants herein, who described themselves as the Omanhene and stool father of the Pai Traditional area, in the Krachi East District of the Volta Region respectively. By this application, the applicants invoke the supervisory jurisdiction of the Supreme Court for the orders of Certiorari and Prohibition to quash all the proceedings and orders made by the High Court, Ho in respect of Suit No. F. 22/07/2011 intitutled Opanyin Kwadwo Odum and 3 others v The Republic dated 19th October, 2010 presided over by Abada J, and also prohibit the said court and Judge from further hearing any application in respect of the case. FACTS The applicants were complainants in the criminal prosecution of the interested persons at the Circuit Court Hohoe in a case intitutled The Republic v Opanin Kwadwo Odum, Constance Osarfo, Benjamin Owusu @ Kwaku Kuru, Beatrice Boame @ Auntie Bea. At the Circuit Court...