ABABIO v. THE REPUBLIC

JUDGMENT OF MENSA BOISON J.

The appellant was before the events which led to his prosecution the chief of Kaase, within the Kumasi Traditional Council and a member of the said council. On 28 July 1969 he was convicted before the Circuit Court, Kumasi, of the offence of failing to attend meetings of the traditional council, contrary to paragraphs 5A (1) and 5A (2) (b) of the Chieftaincy (Amendment) Decree, 1966 (N.L.C.D. 112), as amended by the Chieftaincy (Amendment) (No. 3) Decree, 1967 (N.L.C.D. 203). The particulars charged as follows: "Nana Owusu Yaw Ababio as Kaasehene on the 22nd day of August, 1968 at Kumasi in the Ashanti Circuit and within the jurisdiction of this court, without reasonable excuse failed to attend a meeting of the Kumasi Traditional Council to which he had been summoned." On his conviction thereof he was sentenced to a fine of N¢50.00 or in default three months' imprisonment. It is against this conviction that he has appealed and upon the grounds:

"(1) That the learned circuit judge was wrong in law in overruling defence counsel's submission of 'No case' and holding that your petitioner was a person affected by paragraphs 5A (1) and 5A (2) of N.L.C.D. 112 as amended by N.L.C.D. 203.

(2) That the learned circuit judge was therefore wrong in law calling upon your petitioner to enter into his defence and subsequently convicting him."

The offence is created by the amending N.L.C.D. 203 to N.L.C.D.112 which is referred to as the "principal enactment." It amends N.L.C.D. 112 by the addition immediately after paragraph 5 thereof of the following new paragraph:

"5A (1). Any person who contravenes any provision of this Decree shall be guilty of an offence.

(2) Without prejudice to the generality of the foregoing sub-paragraph and notwithstanding the provisions of section 18 of the Chieftaincy Act, 1961 (Act 81) a person shall be deemed to have contravened the provisions of this Decree if -

(a) he refuses or fails to recognise the relationship referred to in paragraph 2 of this Decree or refuses or fails to pay such allegiance as flows from the existence of such relationship;

(b) without reasonable excuse (the proof of which shall be on him) he fails to attend meetings of the Traditional Council;

(c) he refuses or fails without reasonable excuse (the proof of which shall be on him) to answer to the call of his customary overlord to come and perform customary functions."

[p.350]

I think it is also necessary for the better appreci