STATE V. ESSIAMA LOCAL COURT; EX PARTE EZOAH

DJABANOR J.: This is an application by Ezoah of Ankobra of Western Region of Ghana for an order of this court prohibiting the local court at Essiama from hearing the suit entitled The Clerk of Council v. Ezoah.

The charge reads as follows:

“That you on the 7th day of October 1965 at Ankobra in the jurisdiction of this Nzima Division 1 Local Court did fish in the sea in the area of the Nkrofro Local Council without fishing licence, contrary to Rule 2 of the Nkrofro Local Council (Control of Fishing) Bye-Laws of 1963.”

The application is brought on the following grounds:

“(i) In or about 1963, the Nkrofro Local Council enacted bye-laws by which any person intending fishing in the sea must first of all obtain a fishing licence of £G5 (five pounds) or ¢12.

(ii) These bye-laws were made without the prior consultation of the Nzima Fishermen Society.

(iii) The Nzima Fishermen Society have therefore rightly declined to obtain the licences as they argued that the local council had no jurisdiction …