April 13, 1981
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Jiagge J.A., with Edusei J.A. concurring and Edward Wiredu J.A. agreeing) reviewed an appeal from the High Court’s refusal to quash two ministerial actions affecting the James Town stool and its chief, Nii Adja Kwao II. The Commissioner responsible for Chieftaincy Affairs had issued Executive Instrument No. 85 (1974) directing custody of stool property, and later withdrew recognition of Nii Adja Kwao II in a Local Government Bulletin notice while the chief’s appeal to the National House of Chiefs was pending. The court held that although the minister possesses constitutional authority to revoke recognition instruments, the withdrawal violated Act 370 section 27’s stay-of-execution and Article 173’s due process constraints, and was therefore set aside. Conversely, section 29(1) expressly authorizes ordering “any person” to take possession of stool property affected by proceedings, rendering E.I. 85 proper. The appeal succeeded in part.
JUDGMENT OF JIAGGE J.A.
This appeal is from the decision of the High Court dismissing the appellant's motion for an order of certiorari to quash two decisions in which the Commissioner responsible for Chieftaincy Affairs (1) withdrew recognition from the appellant as James Town Mantse, and (2) handed over the James Town stool property to one Nii Aryee Quaye IV.
The appellant, Nii Adja Kwao II, in his affidavit in support of his application for leave in the court below, averred that he was customarily and constitutionally elected and enstooled as James Town mantse in 1959 and was subsequently recognised as such by the Governor-General under L.N. 201 of 1 August 1959.
That in January 1974, a writ of summons was issued against him in the Ga Traditional Council seeking (a) a declaration that his enstoolment was null and void and (b) an order for his destoolment. Subsequently, the Commissioner responsible for Chieftaincy Affairs by the James Town Stool Property (Seizure) Instrument, 1974 (E.I. 85), after reciting the judgment of the Eastern Regional House of Chiefs, ordered the District Administrative Officer, Accra, to take over the James Town stool properties. The instrument, E.I. 85 of 1974 was accepted in evidence as exhibit N.A.K. 1.
On 19 August 1974 the judicial committee of the Ga Traditional Council had given judgment against the appellant. He appealed to the judicial committee of the Eastern Regional House of Chiefs but the appeal was dismissed on 21 November 1977. On 22 November 1977 he filed a notice of appeal to the National House of Chiefs. On 22 July 1977 the Commissioner responsible for Chieftaincy Affairs ordered Nii Aryee Quaye IV who is the second respondent before this court, to take custody of the James Town Stool properties.
While the appellant's appeal to the National House of Chiefs was pending, a notice was published on 19 May 1978, indicating that the Commissioner responsible for Chieftaincy Affairs had withdrawn recognition from him as chief of James Town.
After leave was granted in the court below for an order of certiorari, the second respondent filed an affidavit in opposition denying that the appellant was customarily and constitutionally elected and enstooled as James Town mantse and that the judicial committees of the Ga Traditional Area and the Eastern Regional House of Chiefs had declared his alleged enstoolment null and void.
[p.266]
The Chief Research Officer of the Supreme Military Council, Chieftaincy Division, o