The High Court of Bolgatanga in the Upper East Region, presided over by His Lordship Justice Charles Gyamfi Danquah, has struck out the registrar of the Upper East Regional House of Chiefs from the lawsuit. The court also imposed a cost of GH¢2000 on Tongraan Kugbilsong Nanlebegtang and Nab Azagzuk Azantilow II. The court ruled that statutory law and legal precedents clearly indicate that the registrar is not a necessary party in a suit against the Regional House of Chiefs and should not have been included.
The plaintiff’s counsel argued that the application was brought under the wrong rule of court. However, the court emphasized that it is not the rule under which the application was filed that is paramount, but rather the substance of the application itself.
In the matter before the court, the second defendant sought to have their name struck out from the suit, a position with which the court agreed. Consequently, the second defendant has been removed from the lawsuit, which will now proceed as normal. The court awarded costs of GH¢2000 to the second defendant. The application for an interlocutory injunction has been adjourned to November 4, 2024.
Tongraan Kugbilsong Nanlebegtang and Nab Azagzuk Azantilow II are seeking a declaration from the High Court that the recent election be declared null and void. Ironically, both chiefs actively participated in the elections and even congratulated their colleagues who were elected.
Additionally, they are requesting the court to impose an interlocutory injunction restraining the two paramount chiefs—Chiana Pio, President-Elect, and Mirigu Naba—from claiming to be the elected leaders of the House until the court makes a determination. They are also seeking to prevent the registrar from submitting the election results to the National House of Chiefs until the court reaches a final decision.
Source: mywordfmonline.com/Gaspard Ayuureneeya