REPUBLIC v. CHIEFTAINCY COMMITTEE ON WIAMOASEHENE STOOL AFFAIRS; EX PARTE OPPONG KWAME AND ANOTHER
1978
COURT OF APPEAL
CORAM
- ARCHER
- KINGSLEY-NYINAH
- FRANCOIS JJ.A.
- TAYLOR
- ABBAN JJ
Areas of Law
- Administrative Law
- Civil Procedure
1978
COURT OF APPEAL
CORAM
AI Generated Summary
The case concerns the destoolment of Nana Pim Owusu Ansah, Wiamoasehene, by the Agona (Ashanti) Traditional Council after a charge of disloyalty to Queenmother Obaapanin Adjoa Amponsah. The National Liberation Council (NLC), acting under section 34 of the Chieftaincy Act, appointed a Chieftaincy Committee chaired by J.B. Siriboe, which found the destoolment unsupported by evidence and without jurisdiction, and recommended allowing the appeal without costs. Despite this, Local Government Bulletin No. 15 (28 March 1969) announced that the appeal was dismissed; later, Bulletin No. 37 (5 September 1969) stated the appeal should be allowed and cancelled the earlier notice. The High Court and Court of Appeal treated the first publication as conclusive and barred correction. On review, the full bench held the NLC could correct an obvious administrative mistake, set aside the lower decisions, and discharged the order of certiorari quashing the corrective publication.
JUDGMENT OF FRANCOIS J.A.
This case is not complex but the legal issues that burgeoned out of it bristle with difficulties.
On 22 July 1968, the Agona Ashanti Traditional Council sat to investigate a constitutional difference that had arisen between the queenmother of Wiamoase and an elder of the state, Kyeame Panin Sarpoah. While that constitutional matter was being considered, a charge was made against the appellant Nana Pim Owusu Ansah, the Wiamoasehene, of disloyalty to the queenmother. The council declared the charges proved and promptly destooled him. Naturally aggrieved Nana Pim appealed and the government (the National Liberation Council) acting under section 34 of the Chieftaincy Act, 1961 (Act 81), appointed a chieftaincy committee, under the chairmanship of Mr. J. B. Siriboe to inquire into the matter. The committee submitted a full and well-reasoned report of its work and conveyed in its penultimate paragraph its view that the destoolment of Nana Pim Owusu Ansah was null and void. The committee consequently recommended the allowance of the appeal. The findings and recommendations were expressed as follows:
"15. In the light of the foregoing reasons, the committee’s view is that the appeal should be allowed, because the decision of the Agonahene and the council declaring the appellant destooled was unsupported by evidence and also made without jurisdiction. It should accordingly be set aside as null and void. To promote cordial relation [p.469] between the appellant and the Agonahene and his elders, it is recommended that there should be no order as to costs.
16. The National Liberation Council is invited to approve the above findings and recommendations."
By an unfortunate lapse, what should have been a successful outcome of the inquiry for Nana Pim Owusu Ansah, turned out to be a severe reverse. For the National Liberation Council by a publication in the Local Government Bulletin, No. 15 of Friday, 28 March 1969, at p. 110 proclaimed as follows:
"Finding of the Chieftaincy Committee as confirmed by the National Liberation Council—Agona (Ashanti) Traditional Council—Wiamoasehene Stool Affairs.
Entitled: Obaapanin Adjoa Amponsah, Queenmother, Respondent versus Nana Pim Owusu Ansah, Wiamoasehene, Appellant.
Notice is hereby given under subsection (5) of section 39 of the Chieftaincy Act, 1961 (Act 81) that the following finding of the Committee consisting of J. B. Siriboe, Esq., Chairman, Nana Kwakye Ameyaw II, Techimanhene and I. K. A