MINISTER OF LOCAL GOVERNMENT v. NII AKRASHI II

JUDGMENT OF ADUMUA-BOSSMAN J.S.C.

The events which led to the proceedings resulting in the cross-appeals before the court are barely in dispute, and the questions for decision are undoubtedly purely legal ones. The main events are these: The first plaintiff-respondent Nii Kofi Akrashi (who will be referred to as Nii Akrashi throughout this judgment) was for some time prior to the 12th February, 1957, the recognised Manche of James Town, Accra; on that date, however, he was declared destooled. He disputed the destoolment and took certain steps towards challenging it, and for the time being continued occupying the Manche We.

On the 15th June, 1957, a notice of his reported destoolment was published by the Minister of Local Government in the Gazette. Thereafter, however, he did not vacate, but still continued occupying the Manche We. On the 30th December, 1957, an Act was passed and made operative as from the 31st December, 1957, namely, the Statute Law (Amendment) (No.2) Act, 1957,1 (hereinafter referred to as Act 30/57) the object of which, as set out therein, was, "to impose additional penalties upon failure [p.575] to deliver up Stool or Skin properties upon deposition of a Chief." By section 3 thereof, it was provided that:

"Where under the provisions of any law it is reported to the Governor-General that a person has ceased to be a Chief, a notice of the fact shall be published by the Minister in the Gazette."

And by section 4, the Minister was empowered, upon the publication of a notice of a reported deposition of a chief, by order made by him and published in the Gazette to:

"(1) . . . authorise any person to take possession and prepare an inventory of the Stool property . . .

(2) By the same or any other Order the Minister may direct any person to seize the Stool property where possession of the Stool property is not obtained within fourteen days of the publication of the Notice . . . Any such Order may where necessary authorise the ejectment of any occupant of land or buildings forming part of the Stool property."

Acting under the powers so conferred, the Minister on the 21st January, 1958, by the James Town Stool Property Order, 1958,2 authorised Mr. Samuel Bannerman Jacobson to take possession of the James Town Stool property, but no effective action appears to have been taken by Mr. Jacobson. Accordingly, a second order, the James Town Stool Property (No. 2) Order, 19583 was made and published on the 27th May, 1958, appointing and author