Brobbey and others v Kwaku and another

AIKINS JSC. This is an appeal from the decision of the judicial committee of the National House of Chiefs by which they affirmed, by a majority of 3 to 2, the unanimous judgment of the judicial committee of the Ashanti Region House of Chiefs which had held that the 7th respondent was not a royal of the Mampong Silver stool, and that he was not eligible for nomination, election and installation on the Silver stool which had become vacant on the abdication of Nana Atakora Amaniampong as Omanhene of Mampong Traditional Area. The committee accordingly declared the nomination, election and installation of the 7th respondent, Mr Francis Kwasi Cartey, null and void.

The events leading to the institution of the petition by the respondent to this appeal, Major (rtd) Osei Kwaku, are not all that complex. Sometime after the abdication of Nana Attakora Anniampomg as Omanhene of Mampong Traditional Area, it became necessary to look for a successor to the Mampong Silver stool. As custom demanded, all persons who considered themselves eligible to accede to the stool had to stake out their claim. According to the petitioner-respondent, when he heard that there was a proposal to install a new Mamponghene, and the Krontihene Nana Yaw Kodua had declared his intention to make the stool travel away, he Osei Kwaku travelled to Mampong and contacted the Krontihene and Opanin Osei Bonsu, head of the Abereko House of Baabrhw Bretuo royal family about the intention of the Krontihene. The Krontihene confirmed that he had said so.

The petitioner said that later he heard that certain persons including the 7th appellant were canvassing for support as candidates for the stool. He therefore sent a petition to the kingmakers of Mampong against the candidature of the 7th appellant. As a result a meeting of the Baabrhw Bretuo branch of the royal family, whose turn it was to present a suitable candidate to the queenmother for the necessary customary formalities, was convened. At this meeting the sectional heads of the family nominated one Beniako by a majority of 2 to 1 as candidate of the family. The two who nominated Beniako were Opanin Kwaku Adetwetea, head of Sarfo house and petitioner, head of Santeh house. The other candidate Kwame Agyei was nominated by one Kofi Boachie alias “Comonsar” a representative of Abereko house of which the head was Opanin Osei Bonsu. Later Opanin Osei Bonsu who was reported sick at Kumasi travelled to Mampong and announced that he had already nominated