Ababio v Akwasi III

AIKINS JSC. The cause of action resulting in this appeal arose through the swearing of the Great Oath of Ashanti by the plaintiff-respondent followed by a counter-swearing of the Great Oath by the defendant-appellant. The plaintiff swore that "he never forced defendant Nana Kwadwo Adane Ababio to swear an oath of allegiance to him but rather it was the laid down customary practice for the Aburashene to swear an oath of allegiance to Anyinasie stool." To this the defendant "responded and averred that the plaintiff forced him to swear the oath of allegiance to the plaintiff and that his stool swears the oath of allegiance to the Golden Stool direct." The agreed oaths as exchanged by the parties were recorded and read to the trial tribunal before evidence was adduced.

The trial tribunal, the judicial committee of the Kumasi Traditional Council, dismissed the claim of the plaintiff and gave judgment for the defendant. This judgment was confirmed by the judicial committee of the Ashanti Regional House of Chiefs, but the judgment of the regional house was overturned by the judicial committee of the National House of Chiefs. It is against this judgment that the defendant-appellant has appealed to this court.

The plaintiff began his testimony with the history of his stool from 1945. He said the first Anyinasiehene was Nana Akyampong Akwasi II in 1945, during the reign of the defendant's predecessor, Opanin Aboagye. According to the plaintiff Opanin Aboagye was the Akwamuhene of the Anyinasie stool, and was succeeded by Nana Aboagye II. He further said that in 1952 when, the plaintiff ascended the stool and swore the oath of allegiance to Asantehene Nana Prempeh II, the defendant's predecessor Opanyin Aboagye II swore before the plaintiff as an elder of Anyinasie stool. It was when Nana Aboagye II became blind that defendant was installed to act for him at the behest of Nana Aboagye II, and that since then the defendant had been his Akwamuhene, i.e. for the past fifteen years.

The plaintiff then adduced the history of the Anyinasie stool before 1896. He said that his ancestors migrated from Kokofu to Aburaso under the reign of Asantehene Osei Tutu. On arrival his ancestors settled at Aburaso and the other Anyinasie chiefs helped them to found their own settlement near a pond with the blessing of both the Asantehene and the Asantehemaa. The name Aburaso was a derivative of pond (bura). He said the first chief of Aburaso was Nana Nyantene Kwabena who w