[2024]DLSC17883 • November 13, 2024 • Supreme Court •
NII ODAI AYIKU IV vs. ATTORNEY GENERAL KING ODAIFIO WELENTSI III
The plaintiff, Nii Odai Ayiku IV, was enstooled as Chief of Nungua in 1956. In 1983, the PNDC government issued Executive Instrument 18 (EI 18), prohibiting him from exercising his functions as Chief, effectively destooling him. The plaintiff challenges the validity and constitutionality of EI 18, asserting it was enacted in error and violates the Chieftaincy Act and the 1992 Constitution. The plaintiff seeks declarations that EI 18 is null, void, and unconstitutional, and an order setting it aside.
read moreJUDGMENT OWUSU (MS.) JSC: By his amended writ, the plaintiff invokes the original jurisdiction of the Supreme Court pursuant to articles 2 (1) (b) and 130 (1) (a) of the 1992 Constitution for the following reliefs: 1. A declaration that the act of passage of Executive Instrument 18 (EI 18) did not and could not qualify as an Executive, Legislative or Judicial act within the contemplation of existing laws in operation at the time of its passage. 2. A declaration that the passage of EI 18 was an enactment made in excess of powers conferred on the Provisional National Defence Council (PNDC) as per the (Establishment) Proclamation 1981 and PNDC (Establishment) Proclamation (Supplementary) and Consequential Law 1982 (PNDCL 42) the 1992 Constitution of Ghana and Chieftaincy Act, 1971 (Act 370) in operation at the time of passage and the Chieftaincy Act, 2008 (Act 759). 3. A declaration that by the true and proper interpretation of the laws existing at the time and in particular Secti...