REPUBLIC v. ASOKORE TRADITIONAL COUNCIL; EX PARTE TIWAA

JUDGMENT OF APALOO J.

Until 9 May 1974, the respondent, Nana Fobiri Tiwaa, was the unquestioned queenmother of Asokore in the Asokore Traditional Area of Ashanti. She said, and the learned judge agreed, that she still is. The appellants, the traditional council, say, she no longer is and that she was removed from that office on 9 May 1974. Since that date, a new queenmother has been enstooled and is duly recognised as such by the government. Indeed the government also recognised the fact of the respondent's destoolment. The respondent claimed that her purported removal amounted to nought because not only did it transgress custom but offended against enacted law and the rules of natural justice. She asked the High Court to quash her so-called removal on these grounds. That court did so to provoke the present appeal.

Now the facts. The respondent was, on a date which the evidence did not disclose, nominated, elected and installed the queenmother of Asokore. While she occupied the female stool, Nana Yaw Gyimah II sat on the Asokore paramount stool and both reigned contemporaneously for a time. Some time in May 1974 or possibly earlier, the paramount chief had grounds to be dissatisfied with his queenmother. He suspected her of acts of disloyalty. He said in an affidavit that she, the Adontehene and some "young men" were collaborating to undermine the lawful authority of the Asokore Traditional Council. Such conduct he swore, was forbidden by [p.235] a resolution of the Ashanti Confederacy Council of February 1936, and the sanction for infringement of such resolution, was destoolment. It is clear that the Omanhene desired the respondent's removal from office.

At the behest of the paramount chief, a meeting of the traditional council was scheduled to be held at his palace on Tuesday 7 May. Two messengers were sent to invite the respondent to this meeting. Nothing was told the messengers as to why she was summoned to the meeting. When they saw the respondent, she excused herself on the ground that she was then undergoing her monthly period and she could not attend the meeting on Tuesday. It was a taboo for a female to call at the palace in that condition. She thought she would be well enough to attend the following day and sent word to that effect to the Omanhene. That day did not suit the latter. He would himself be away to Kumasi. So the messengers were sent back to ask the queenmother to attend the meeting at 2 p.m. on Thursday 9 May 1974. Again no word