IN THE MATTER OF THE NATIVE ADMINISTRATION ORDINANCE AND In THE MATTER OF THE GA STATE COUNCIL AND IN THE MATTER OF THE IMPRISONMENT OF MANKRALO OBODAI ADAI III AND IN THE MATTER OF AN APPLICATION FOR A WRIT OF HABEAS CORPUS.

SAWREy-CoOKson, J.

When this matter came on for hearing on the 24th ultimo Mr. Kojo Thompson who had applied for the issue of the writ and obtained the order nisi herein, took the preliminary objection that the return was hopelessly insufficient and that, therefore, on ample authority the proper course was to forthwith order the discharge from custody of Mankralo Obodai Adai III.

After hearing Mr. Kojo Thompson and Mr. Frans Dove who appeared for the other side (the State Council concerned) the Court took the view that the actual return, though perhaps defective in certain respects, was sufficient to justify a hearing on the merits, and the case was accordingly argue:1.

The material history of the case is sufficiently set forth at the commencement of the proceedings at the enquiry held by the Ga State Council which were exhibited to the affidavit and marked "A" and sworn by Kwaku Ewru Ghartey in his capacity as Secretary of that State Council on the 20th instant. And from that it is to be seen that the District Commissioner, Mr. Cathie, directed the Acting Ga Manche to convene a meeting of this Council to enquire into and determine the matter of the charges laid against one Maale Dada, La Mantse, by his division, as provided by section 14 of the Native Administration Ordinance No. 18 of 1927 (now Cap. 111 of the Ordinances).

It will be well to at once state for a clear understanding of the matter that Obodai Adai III stepped into the shoes of Maale Dada pending the investigation into the charges which were the subject of that enquiry and that he represented the La Division which had preferred these charges which, if found to have been sufficiently substantiated, might have ended in Maale Dada's destoolment and possibly his (Obodai Adai's) own succession on that stool.

The conclusions reached by the State Council were that those charges were not proved and that " Maale Dada did not in any way merit deposition " and could not therefore be destooled, with the result that the Council recommended his reinstatement; and had the matter ended at that point nothing further would presumably have been heard of it, for following the provisions of section 14 (aforesaid) under which the enquiry had been held it remained only for the Governor to adopt the finding of the State Council and to give effect to its recommendation of reinstatement.

But the State Council added to its finding an order that "the Division should pacify Maale Dada, cash "twenty five pounds, on