THE REPUBLIC vs. JUDICIAL COMMITTEE AND UPPER EAST REGIONAL HOUSE OF CHIEFS EX PARTE NABA NONGE-BUURI MALTINGA; (RAYMOND ALAFIA ABILBA INTERESTED PARTY).

This ruling is about an application invoking the supervisory jurisdiction of the High Court by way of an order of certiorari to quash the decision of the Judicial Committee of the Upper East Regional House of Chiefs delivered on 25th October, 2016, details of which would be given presently. For ease of reference, the Judicial Committee of the House of Chiefs will hereafter be called the respondent. At this point, it is material to explain, with the aid of decided cases, what the writ of certiorari entails. In Republic v Committee of Enquiry into Nungua Traditional Affairs; Ex-parte Odai IV and Others (1996-97) SCGLR 401, Bamford-Addo JSC, at page 408 said: “Certiorari is in the main, a discretionary remedy and it lies to quash any findings or decision of a lower court or other inferior tribunal which acts ultra vires its powers or whose decision fails to observe the rules of natural justice. It is used to quash decisions not only of lower courts but other inferior tribunals includi.....