ANTERKYI J.: Pursuant to leave granted on 5 November 1973 the applicants on 9 November filed this notice of motion for: “ an order of mandamus to issue to compel the President of the Gbi Traditional Council to submit the names of the applicants herein to be sworn in as members of the Gbi Traditional Council judicial committee and for such further order or orders as may seem fit to the court.”
After service of the notice on the respondent, Togbe Gabusu V, the President of the Gbi Traditional Council, he filed on 16 January 1974 his affidavit in reply, attaching thereto copies of three letters as exhibits A, B and C. In his affidavit the respondent contended that:
(1) He, in his capacity as the President of the Gbi Traditional Council, owed the applicants no duty to have them sworn as members of the judicial committee of the council.
(2) Save as to the first applicant, they were not members of the traditional council because “they have not been gazetted and therefore do not qualify to be i…