JONES-MENSAH J.: This is an application filed by fourteen Honourable Councillors of the Kumasi City Council for leave to issue a writ of quo warranto directed against Nana Akwasi Agyeman, to show by what authority he is presuming to exercise office of the Executive Chairman of the Kumasi City Council and exercising the functions thereof. The grounds on which the application is founded are:
1. That by virtue of the judgment of the High Court, Kumasi, dated 14 April 1980, in Gyimah v. Agyeman [1981] G.L.R. 427 the right resides in the Councillors of the Kumasi City Council to elect or appoint one of their number the Chairman of the Kumasi City Council. The respondent not having been so appointed, the appointment is void.
2. That by virtue of the decision of the High Court dated 14 April 1980, the term of office of the respondent has expired on 18 January 1980, the respondent’s term of office could not in terms of section 7 (2) of the transitional provisions of the Constitution, 1979, be r…