DAASEBRE NANA ASARE BAAH III & 2 ORS. vs. THE ATTORNEY-GENERAL & ANOR.

The appellants, including the paramount chief and subchiefs of the Worawora Traditional Area, initially challenged in the Supreme Court the designation of Nkonya Ahenkro as the district capital of the newly created Biokoye District, asserting that Worawora was the rightful capital. The Supreme Court dismissed their action for lack of jurisdiction, but made an obiter pronouncement that Worawora was the district capital based on a legislative instrument (Exhibit WBA 1) placed before it. Subsequently, the appellants filed a suit in the High Court seeking declarations and injunctions to prevent the defendants from inaugurating the district assembly at Nkonya Ahenkro, relying on the Supreme Court's pronouncement. The defendants contended that the valid legislative instrument (Exhibit AG 2) designated Nkonya Ahenkro as the district capital. The High Court dismissed the appellants' suit, holding that Nkonya Ahenkro was the district capital as per the valid legislative instrument.

F.G. KORBIEH, J.A. A summary of the facts leading to this appeal is as follows: the first two plaintiffs/appellants herein (together with three others) instituted an action in the Supreme Court against the defendants/respondents herein, purporting to invoke that Court’s original jurisdiction and to ask for certain reliefs. In her judgment in that case, her ladyship the Chief Justice (Wood C.J.) distilled their claim into two verified particulars; to wit ‘1. The President’s failure to direct the Electoral Commission to undertake a study and submit findings and recommendations for his study in contravention of s. 1 of the Local Government Act, Act 462, for which reason E.I. 11 2007, being in violation of articles 240, 241 and 296 of the 1992 constitution are a nullity. 2. The purported naming of Nkonya Ahenkro, (rather than Worawora) as District capital per L.I. 1910 without gazette notification is in breach of the law, and constitutes a capricious, arbitrary, unfair and unre...