Republic v Bekwai Traditional Council, ex parte Aborah

BENIN JJA. This is an appeal from the judgment of the High Court, Kumasi dated 31 May 1994 by which the 2nd, 3rd, 4th, 5th and 6th appellants (hereinafter referred to simply as the “appellants”) were each sentenced to a term of one month’s imprisonment for contempt. The 2nd to the 6th appellants are said to be the kingmakers of the Bekwai paramountcy and are all members of the Bekwai Traditional Council, (hereinafter called the “council”). The 8th respondent who was also sentenced did not appeal. The applicant-respondent (hereinafter simply called the “respondent”) is also said to be the head of family of the Bekwai royal stool.

The brief facts of this case will be recounted as follows: The Bekwai paramount stool became vacant sometime in 1991. On 18 June 1992 a meeting of the council was convened to which the respondent was invited; and according to the respondent, it was at this meeting he got to know it had been summoned to elect a candidate to occupy the vacant stool. In his capacity as the head of the royal family and in the absence of a queenmother, it became his lot to nominate a candidate to fill the vacancy. He called for a postponement because he had not been notified of the agenda but the council went ahead and elected the 7th respondent as the new Omanhene.

Certain matters that ensued after this are not relevant to re-call here except that the respondent and some members of the royal family filed a petition on 10 February 1993, in the Ashanti Regional House of Chiefs challenging the validity of the 7th respondent’s election. Notwithstanding the pendency of that petition, it was the respondent’s contention that the appellants, inter alia, were bent on installing the Omanhene-elect as Omanhene. The respondent therefore instituted prerogative proceedings for an order of certiorari to quash the decisions of the council taken on 18 June 1992. The application ex parte, with an accompanying statement and affidavit was filed on 15 February 1993 at 9.10 a.m. was moved the same day and granted the same day. The order was also drawn up and signed that same day.

It is this part of the order which gave rise to the contempt proceedings: “It is hereby ordered that the respondents are restrained forthwith from installing the 7th respondent (Nana Kwasi Kobi) as Bekwaihene until the final determination of this suit.” The respondent, on 25 February 1993 came back to that very court with a motion on notice praying for an order requiring the responde