JUDGMENT OF LORD KEITH J.
Lord Keith delivered the judgment of their Lordships. This appeal, by final leave of the Ghana Court of appeal, arises out of matters relating to the destoolment of a former occupant of the stool of Adowsena, Ntiamoah Kofi III, and the enstoolment in his place of the appellant, Nana Owusu Ahenkora II, as Ohene of Adowsena.
The history of the matter is as follows. On the 1st September, 1952, the then Ohene, Ntiamoah Kofi III, was destooled by the Akim Kotoku State Council, the competent authority under the State Councils (Colony and Southern Togoland) Ordinance, 1952.1 The precise reason for his destoolment does not appear apart from an indication in one of the documents in the case that it was for purported infringement of some sacred custom. Following the destoolment the State Council ordered the properties belonging to the stool and the stool itself to be delivered up forthwith to the customary custodian, the Gyasehene of Adowsena, "until such time as a new chief will be elected". After a variety of procedure in respect of the failure of Ntiamoah Kofi III to deliver up the stool property, it was ultimately held by the Supreme Court of the Gold Coast that he had been properly convicted for such refusal by the district magistrate, under the State Councils Ordinance of 1952.2 The date of this judgment of the Supreme Court was the 29th August, 1955. In the meantime the appellant had been enstooled a few months earlier, on the 26th March, 1955, as Ohene of Adowsena. On the 5th November, 1955, certain elders, electors of the stool of Adowsena, of whom the first was the respondent, Kwabena Ofe, preferred certain charges against the appellant before the Akim Kotoku State Council. It is necessary to set out the relevant document in full.
"Adowsena"
5th November, 1955
"The President",
Akim Kotoku State Council
Oda.
And Nana Owusu Ahenkora II of Adowsena.
CHARGES AGAINST NANA OWUSU AHENKORA II, OHENE OF ADOWSENA IN THE AKIM KOTOKU STATE IN THE EASTERN REGION OF THE GOLD COAST COLONY.
[p.19]
"We, the undersigned, Elders, Electors of the Stool of Adowsena in the Akim Kotoku State in the Eastern Region of the Gold Coast Colony do hereby prefer the under-mentioned charges against the Ohene Nana Owusu Ahenkora II of Adowsena, Ohene (Divisional Chief) by virtue of Government Gazette Notice No.2535 (Gazette No. 73 of 20th August, 1955 page 1397) for him to stand his trial under Native Customary Law by the Akim Kotoku State Council na
