The Appeal Court has now cleared the way for the Western Regional House of Chiefs (WRHC) to hold fresh election following the dismissal of a stay of execution.
The Appeal Court order, thus, affirms a Sekondi High Court judgment that annulled the election of Tetretteh Okuamuah Sekyim as President of the House, and five others as members of the National House of Chiefs.
A Sekondi High Court, presided over by Justice Cynthia Wiredu (MRS), had annulled the election of the WRHC following an application of certiorari to quash the June 10, 2020 election. The certiorari application had Amihere Kpanyile as the applicant, and Tetretteh Okuamuah Sekyim and the Electoral Commission (EC) as first and second respondents.
After listening to arguments by counsel representing the parties, the High Court annulled the election and ordered a fresh one to be held after ten working days.
Dissatisfied, Tetretteh Okuamuah Sekyim ran to the Appeal Court praying for a stay of execution of the High Court judgement pending the appeal. Counsel for Tetretteh arguing his case at the Court of Appeal, contended that the House of Chiefs must function and the Office of the President of the House had a role to play. As a result, a fresh election would lead to lacuna in the administration of the House.
The court, after listening to the argument by the applicant, ruled: “We have carefully considered the depositions of the parties in this application for stay of execution pending appeal. We have also considered the well-articulated submissions from both counsel for the parties. We come to the conclusion that the applicant has not demonstrated that he will suffer any hardship should the order of the High Court be complied with.”
The court, presided over by Justice Irene Charity Larbi, Georgina Mensah-Datsa and Yaw Darko Asare, was, therefore, of the view that no exceptional circumstances had been demonstrated by the applicant to warrant the exercise of “our discretion in granting the stay.
“Accordingly, the application for the stay of execution is hereby refused.”
The court awarded a cost of GH¢2,000 in favor of the respondent (Amihere Kpanyile).
The applicant (Tetrtteh Sekyim) was not in court when his stay of execution was denied. For now, reliable information available to this reporter indicates that the House and the Electoral Commission have been duly served with the Appeal Court’s verdict.
BACKGROUND
An election for the President, Vice and five members into the National House of Chiefs, in June last year, turned chaotic when Awulae Amihere Kpanyile was barred from contesting.
Though his name was on the ballot as a contender for the position of President, the House stopped him from contesting and voting on the grounds that a motion seeking to restrain him from using the stool name (Amihere Kpanyile) was a subject of litigation before the Supreme Court.
The House was divided over the issue, as majority of them moved that the election should be postponed, but others, including the Acting President, Awuale Agyefi Kwame II, went ahead with the election.
Nana Kwesi Agyemang, Omenhene of Lower Dixcove, Annor Adjaye, Omanhene of Western Nzema, Awulae Attibrukusu, Omanhene of Lower Axim, Osabarima Kwaw Entsie, Omanhene of Mpohor were of the view that the election be postponed.
But, Agyefi Kwame, Omanhene of Nsein, Angamatuo Gyan, Oamnhene of Gwira, Tetretteh Okuamoah Sekyim, Omanhene of Wassa Amenfi and Hima Dekyi, Omanhene of Upper Dixcovee disagreed and went ahead with the election that elected Tetretteh as President and Angamatuo Gyan as Vice President.
Meanwhile, the Supreme Court has also dismissed a motion seeking to restrain Amihere Kpanyile from using the stool name for which reason he was barred from contesting the election for the President of the WRHC.
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