An attempt to stay execution of judgement of a Sekondi High Court that that nullified the election of the president of the Western Regional House of Chiefs (WRCC) Court has failed.
Awulae Angmatuo Gyan, Hima Dekyi who is applicant/ respondent filed a stay of execution of the 6th December 2023 judgment of the High Court nullifying the election of the president, Vice President and five others to the National House of Chiefs (NHC).
The plaintiff respondents prayed the court to stay execution pending an appeal filed against the judgement of the same High Court.
It would be recalled that on December 6, 2023, Justice Dr. Richmond Osei Hwere nullified the disputed election of the president, vice and five others into the National House of Chiefs.
The court held that there was no quorum when the election of the president, vice and five others to NHC were held. For this reason, the court nullified the election to pave way for a fresh election to be held.
Unsatisfied, plaintiffs/respondent on Thursday through their counsel argued why Justice Richmond Osei Hwere needed to stay execution of his judgement pending an appeal.
Counsel Israel Ackah representing the plaintiffs/respondents drew the attention of the court to the fact that an appeal had been filed against the judgement and that execution should stay.
The Defendants/applicants are Amihere Kpanyile, Awulae Attibrukusu III, Omanhene of Eastern Nzema and Lower Axim respectively.
Counsel for defendants/plaintiffs, John Mercer, opposed the application on a point of law.
According to him, applicants/respondents have not demonstrated prima facie evidence that indeed the appeal has chances to succeed apart from argument that December 6, 2023 judgment was riddled with errors.
He argued that the prayer to stop the execution of judgement was not automatic otherwise every judgement would be stayed.
Counsel Mercer also argued that, it would be dangerous to allow unqualified persons whose election have been declared nullified by a court of competent jurisdiction to sit at National House of Chiefs to take decisions.
Applicants/respondents application, he argued, was without basis and same should be dismissed.
The court in its ruling argued that it could grant discretionary powers to stay execution under exceptional circumstances. The exceptional circumstances, the court mentioned, included situations where the appeal against the judgement was likely to succeed, grounds of appeal must have raised serious question of law and circumstances warranting the stay of execution.
But looking at the argument as espoused by the applicants/respondents, the court concluded that the appeal as filed by the applicant have not raised any arguable point of law to interrogate his judgement.
For this reason the court noted, it was sufficient to conclude that, the appeal was likely to fail because they have not demonstrated exceptional circumstances to warrant the stay and dismissed the application.
