AWULAE ATTIBRUKUSU III & 3 ORS vs. THE REGISTRAR & 3 ORS [2023]DLHC16837

Date	2023-12-06
Suit No.	SUIT NO. E12/32/22
Citation No.	[2023]DLHC16837

HIS LORDSHIP DR. RICHMOND OSEI-HWERE

JOHN MERCER ESQ WITH DR. ERNEST ARKO. LORLORNYO AGBEYAKAH ESQ AND CHARLOTTE DERBY FOR THE PLAINTIFFS

ISRAEL ACKAH ESQ FOR THE 3RD AND 4TH DEFENDANTS.

[2023]DLHC16837
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													<main id="main" class="content" style="min-height: 60rem" ><a name="_Hlk152849823">AWULAE ATTIBRUKUSU III &amp; 3 ORS<o:p></o:p></a>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>THE REGISTRAR &amp; 3 ORS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. E12/32/22&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 6TH&nbsp;DECEMBER 2023<o:p></o:p>

</div>COUNSEL<o:p></o:p>JOHN
MERCER ESQ WITH DR. ERNEST ARKO, LORLORNYO AGBEYAKAH ESQ AND CHARLOTTE DERBY
FOR THE PLAINTIFFS,<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

JUDGMENT<o:p></o:p>

</div>J U D G M E N T<o:p></o:p>By a writ of summons and statement of claim filed on 4th
February, 2022 Plaintiffs claim against Defendants the following reliefs:<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order setting aside the elections held on the 6th October 2020 of
the Western Regional House of Chiefs as being a nullity; and for a further
order for a re-run of the said elections.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order restraining the 3rd and 4th defendants who were
purportedly elected at the said election from exercising the powers or
performing the functions of the respective offices/positions of the Western
Regional House of Chiefs or from holding themselves out or to be held out as
such until fresh elections are held.<o:p></o:p>Plaintiffs are Paramount Chiefs and Presidents of various
Traditional Councils in the Western Region. They are also members of the
Western Region House of Chiefs. The 1st Defendant is the Registrar
of the Western Region House of Chiefs. The 2nd Defendant is the body
charged by statute with the responsibility of conducting public elections in
the country. The 3rd and 4th Defendants are Paramount
Chiefs and members of the Western Region House of Chiefs (also referred to as
“the House”).<o:p></o:p>On 6th October, 2020 the 1st and 2nd
Defendants held an election at the Western Region House of Chiefs, Sekondi to
elect the President, Vice President and five (5) other members/representatives
of the House to represent the Western Region House of Chiefs at the National
House of Chiefs. The Western Region House of Chiefs had a membership of eleven
(11) at the time of the said elections.<o:p></o:p>The 3rd Defendant was one of the candidates
for the position of Vice President of the House. In addition, he put himself up
to be elected as one of the five members/representatives to represent the
Western Region House of Chiefs at the National House of Chiefs. The 4th
Defendant likewise put himself up to be elected as one of the five
representatives to the National House of Chiefs. <o:p></o:p>Elections of the Regional Houses of Chiefs are provided
for by statute and are to be held within a four yearly interval. The elections
are open to all members of the Regional Houses of Chiefs. Since the Western
Region House of Chiefs had a membership of eleven (11), the electoral college
at the time of the said elections was eleven (11). It must also be noted that
Traditional Councils within the Region which do not have substantive “Omanhene”
or President have only observer status at the meetings or deliberations of the
Regional Houses of Chiefs. They exercise no voting rights. Voting by proxy is
also provided for by law.<o:p></o:p>PLAINTIFFS’
CASE<o:p></o:p>Plaintiffs’ case as set out in their pleadings and the
evidence led in support of their case is simply that the number of members of
the House who participated in the said elections of the House on 6th
October 2020 fell short of the required number of six (6) making the said
elections without quorum and a nullity. Plaintiffs are praying the court to set
aside the purported elections. Plaintiffs are also seeking an order for a
re-run of the elections for the said positions or offices i.e. the position of
Vice President of the House and its five members/representatives to the
National House of Chiefs.<o:p></o:p>3RD
AND 4TH DEFENDANTS’ CASE<o:p></o:p>