REPUBLIC vs. SHAI TRADITIONAL COUNCIL; EX PARTE KORDA II [2001]DLHC1256

Date	2001-07-27
Suit No.
Citation No.	[2001]DLHC1256

APPAU J

VA OCANSEY FOR THE APPLICANT.

A AMEGATCHER FOR THE RESPONDENT.

[2001]DLHC1256
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">REPUBLIC<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">SHAI TRADITIONAL COUNCIL; EX PARTE KORDA II<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p>[2001-2002]
1 GLR 299<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>VA
OCANSEY FOR THE APPLICANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

A
AMEGATCHER FOR THE RESPONDENT. <o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Appau J. <o:p></o:p>This
is an application for an order of certiorari initiated by the applicant, Nene
Aklersi Korda II, praying the court to bring into this court the decision of
the Shai Traditional Council dated 10 November 1999 expelling the applicant
from the council for the purpose of quashing same.<o:p></o:p>The
application was supported by an affidavit dated and filed on 11 August 2000,
plus a statement stating the grounds of the application. The grounds on which
the relief is being sought indicate that the decision of the standing committee
of the traditional council was contrary to the rules of natural justice as well
as statutory requirements.<o:p></o:p>In
the supporting affidavit, the applicant stated that he was appointed as a
divisional chief of the Takakenya Manya-Se in the Shai Traditional Area on 23
September 1982 and had been performing all traditional functions as such
including statutory functions as a member of the respondent-council. That on 11
November 1999, a standing committee of the respondent-council purported to
expel him from the activities of the council for instigating a riot at a durbar
during the Ngmayem festival. That the complainant was the acting president who
also sat on the standing committee as its chairman. That though he denied the
charges levelled against him, the standing committee that was tasked to
investigate the matter removed him from the council, thus preventing him from
performing his customary and statutory functions as a member of the council.
That the said decision of the standing committee was contrary to natural
justice and also constituted a breach of the statutory requirements for the
determination of the charges preferred against him. The applicant exhibited a
certified true copy of the proceedings of the standing committee of the council
which contained the decision of the committee. From the record of proceedings,
the applicant was rather suspended but not expelled as he indicated in his
application.<o:p></o:p>The
respondent filed an affidavit in opposition to the application on 11 October
2000 through the senior registrar of the council. In the said affidavit, the
respondent said it did suspend, but did not expel, the applicant from the
council for his failure to obey an order of the standing committee of the
council, requesting him to pacify the respondent-council with a sheep and four
bottles of schnapps. It was also contended in the affidavit in opposition that
despite his suspension from the council, the applicant could still perform his
traditional or customary functions relating to his office as an “asafoatse”,
except that he would not have the privilege of sitting with members of the
respondent-council during meetings of the council. The affidavit also indicated
that instead of refusing to obey the orders of the standing committee of the
council, the applicant should have asked for pardon or for reduction of the
fine imposed on him.<o:p></o:p>The
respondent therefore prayed for the dismissal of the application.<o:p></o:p>In
his argument in support of the application, counsel for the applicant said the
decision of the respondent-council was wrong in law and contrary to the rules
of natural justice. According to him, the procedure adopted in removing him
from the council was in breach of statutory requirements. He referred to the
case of Republic v Tekperbiawe Divisional Council; Ex parte Nen</main>