REPUBLIC v. AGBOKA VI; EX PARTE DEH III

JUDGMENT OF FRANCOIS J.S.C.

The appellant occupied the senior divisional stool for the Leklebi Traditional Area and was chief of Leklebi-Fiape at the time the matters complained of erupted. He was then accused of violating the custom of his area by uttering sacred oaths in a spree of irresponsible abandon. It was urged that the desecration of the oaths amounted to a customary abdication and renunciation of the stool. Consequently, the paramount chief of the Leklebi Traditional Area, Togbe Agboka VI, the respondent herein, and his elders felt compelled to perform certain rites which put the final seal on that act of renunciation.

Had matters ended there, perhaps recourse would not have been had to the courts. But the respondent sent a letter to the registrar of the Volta Regional House of Chiefs, circulated to a number of other persons, intimating that the appellant had ceased to occupy the Leklebi-Fiape stool and urging an amendment of the chiefs' register to delete the appellant's name therefrom.

The appellant unsuccessfully sought an order of certiorari, as he put it "to quash the proceedings and decision of Togbe Agboka, Paramount Chief of Leklebi Traditional Area contained in a letter dated 24 January 1983 addressed to the Registrar, Volta Regional House of Chiefs." The letter was couched as follows:

"Office of the Paramount Chief,

Leklebi Traditional Area,

P.O. Box 10,

Leklebi Duga.

24 January 1983.

Sir,

Destoolment of Togbe Kwasi Deh III

Senior Divisional Chief of Leklebi Fiape

And

His Deletion from the Register of Chiefs of Ghana

[p.584]

On my own behalf as the Paramount Chief of the Leklebi Traditional Area, and on behalf of all the divisional chiefs, sub-chiefs, elders, queenmothers and all those in connection with enstoolment and destoolment of chiefs in the Leklebi Traditional Area, I am very sad to write this very important letter, to officially inform you and for your necessary action that Togbe Kwasi Deh II alias George Harrison Kwasi Deh has been properly, and in accordance with the customary laws and usages of the Leklebi Traditional Area, destooled on 9 December 1982, for his gross violation of some of the customary laws and usages of the Leklebi Traditional Area, one of which was his deliberate and frivolous swearing of all the oaths of the traditional area, including the great oath of Leklebi on two consecutive times.

He therefore ceased to be a chief from the day of his destoolment. He was also banned by custom from po