REPUBLIC v. BOATENG; EX PARTE ADU-GYAMFI II

JUDGMENT OF HAYFRON-BENJAMIN J.

The applicant is the abusuapanyin of the Abrade family of Akwatia and a principal kingmaker. He claims that with the queenmother, Obaapanyin Adjoa Dankwa II, he is responsible for the election and enstoolment of the chief of Akwatia. He claims that the application is for himself and on behalf of the Abrade family of Akwatia. This is denied by the respondent who states that "it is not true that the applicant is the head of the Abrade family or a principal kingmaker of the Akwatia stool, or that he brings the action on behalf of the said family. The respondent claims that the head of the Abrade family of Akwatia is Opanyin Kofi Tuda II."

Lengthy litigation over the enstoolment or the purported enstoolment of the respondent as Akwatiahene was decided by the chieftaincy committee appointed by the National Liberation Council under the provisions of the Chieftaincy Act, 1961 (Act 81), and presided over by Mr. Justice Siriboe. The decision of this committee as confirmed by the National Liberation Council was published in No. 39 of the Local Government Bulletin of 6 September 1968. It reads:

"Entitled: Ohemaa Adjoa II and Others, Plaintiff applicants versus Gyasehene Kwasi Boateng and Asafoatse Kwame Dapaah, Defendant respondents.

Notice is hereby given under subsection (5) of section 39 of the Chieftaincy Act, 1961 (Act 81), that the following findings of the Committee consisting of J. B. Siriboe, Esq. (Chairman), J. B. Braimah, Esq., (Kenyasewura) and I. K. Agyeman, M.B.E., Esq., given on the 7th March, 1968 has been confirmed by the National Liberation Council:

(i) that the appeal is allowed and the proceedings and judgment of the Akim Abuakwa Traditional Council given in favour of Kwame Boateng, are hereby set aside as being null and void;

(ii) that the Obaapanin be given the chance as custom demands, to make fresh nomination of a suitable candidate bearing in mind that at least she has three chances to do so;

[p.322]

(iii) that since the Akim Abuakwa Traditional Council made no order as to costs, a similar order is made in this appeal (No costs).

By command of the National Liberation Council. 2nd September, 1968."

The applicant in his affidavit in support of his application has given the full title of the causes which came before the chieftaincy committee. The title is:

"Obaapanyin Adjoa Darkwa II & Ors. Plaintiffs, versus Gyasehene Kwasi Boateng and Defendants, Asafoatse Kwame Dapaa and Baffour Asare Amankwa II Pl