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NANA OBENG NUAKO III v. ODEEFUO BOA AMPONSEM & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, J.A. (PRESIDING)
  • HONYENUGA, J.A.
  • DENNIS ADJEI, J.A

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The Court of Appeal, per Honyenuga, J.A., dismissed an appeal by the Denkyirahene and affirmed a High Court order of certiorari quashing a letter that purported to destool the chief of Dunkwa-on-Offin, installed in June 2006 under customary practices. Following a contentious April 2010 meeting about a new Queenmother, the Denkyirahene wrote on Denkyira Traditional Council letterhead withdrawing recognition of the chief, barring him from acting as chief, and calling for a regent. The Court held the matter was amenable to judicial review and not a cause or matter affecting chieftaincy; only kingmakers and the Traditional Council’s Judicial Committee may depose a chief per Act 759, and proper charges and procedures were absent. It also rejected the view that failure to swear the Great Oath invalidated the chief’s status, and found breaches of natural justice. The High Court’s certiorari was affirmed and the appeal dismissed.

JUDGMENT