KWAKU BUDU v. NANA ADOW DANKWA II AND OTHERS

The case concerns Kwaku Budu, a cocoa farmer and subject of the Omanhene of Akwapim who resided at Amanase in the Birim district under the Akim Abuakwa stool. Budu swore a customary oath at Amanase upon Asong Afua and listed the matter in the Adontenhene of Aburi’s tribunal at Nsawam. The Omanhene of Akwapim (Nana Adow Dankwa II) intervened, ordering the Adontenhene to stop the hearing and purporting to transfer the case to his own tribunal. When Budu refused to attend at Akropong, the Omanhene issued a warrant; Budu was arrested by messengers, taken to Akropong, convicted under section 46 of the Native Administration Ordinance, and committed to prison. A Divisional Court later released him on habeas corpus. Mr. Justice Michelin held that the Omanhene lacked jurisdiction to transfer the case and to arrest Budu, who did not reside within his tribunal’s jurisdiction, rendering both the civil judgment and criminal convictions nullities. Admissions could not confer jurisdiction. Section 118 immunity did not apply because the Omanhene did not act in bona fide belief of jurisdiction. The messengers were protected as ministerial officers executing a facially valid warrant and were non-suited. Alleged assault was unproven; exemplary damages were denied.