General News of Wednesday, 2 July 1997

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Supreme Court To Rule On Moshie Kingship Case Next Month

Accra, June 26, - The Supreme Court will on July nine decide whether or not it should hear a motion for an order of certiorari and prohibition filed by Alhaji Amadu Abubakari, Head of the Moshi The five-member panel fixed the date after counsel for both sides had completed their submissions on the motion. The Supreme Court rules on an application to invoke the supervisory jurisdiction of the court state that ''such applications should be filed within three months of the date of the decision again Mr James Ahenkorah on behalf of Alhaji Abubakari filed the motion on December 10, 1996. The High Court gave its judgement on July 31, 1996. The motion is asking the court to quash the judgement which favoured Alhaji Ibrahim Abdulrahman, a rival contestant to Alhaji Abubakari as the Moshie chief in Kumasi. Objecting to the application, Mr Alexander Somuah-Asamoah, said the motion is "incompetent and cannot be entertained by the court". Counsel said rule 66 of the C.I. 16 of the Supreme Court states that "an application for the extension of time within which to invoke the supervisory jurisdiction of the court under rule 62 shal He said the High Court gave its decision on July 31, 1996 while the motion was filed on December 10, 1996. This, he said, rendered the motion illegal. Replying, Mr Ahenkorah said the rule referred to by counsel amended an old one which allowed such application to be made within six months. He said the amendment law was made on September 27, 1996 and that the motion was filed before the three months had elapsed. Mr Ahenkorah urged the court to grant the motion and hear the case since the substantive case involves a chieftaincy dispute which the High Court has no jurisdiction to hear.