Try asking the following...
Try asking the following...
February 8, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF APATU-PLANGE J.
This is an application for an order of mandamus under Order 59, r. 2 of the High Court (Civil Procedure) Rules, 1954 (LN 140A), to compel Nana Akuamoah Boateng II, the Omanhene of the Kwahu Traditional Area, the respondent herein, to allow one Nana Obeng Akrofi described as the new Obomenghene to swear the oath of allegiance to him, the respondent, as custom demands in order to pave the way for the said Obomenghene to be introduced to the Kwahu Traditional Council to enable him take his place at the said traditional council. This application was vehemently opposed by the respondents.
[The court after referring to the history and circumstances that prompted the application for mandamus continued.] The applicants swore to an affidavit in support of their application and their paragraphs (9), (10) and (11) support in every detail the evidence of their witnesses, Commander Osei and the Nifahene. I reproduce below the said paragraphs in order to clarify the position:
"(9) That the Regional Commissioner and Mr. Joe Appiah, true to their word, settled the matter at Abene and to all intents and purposes, the matter had come to an end to pave the way for the omanhene to receive the new Obomenghene for the swearing of oath ceremony as the omanhene's public duty demands.
(10) That as a result of the settlement, the Nifahene has presented the new Beponghene to the omanhene and the swearing of oath ceremony was performed and the new chief has been introduced to the Kwahu Traditional Council accordingly.
(11) That with reference to the Obomenghene, the omanhene has admittedly refused to accept the Obomenghene even though he has been properly and constitutionally nominated, elected and installed."
The respondent also swore to an affidavit in support of his case and called two witnesses. The relevant portions could be found in paragraphs (9), (10), (11), (12) and (14) and for the purposes of clarity I reproduce them below:
(9) That it is not correct that the suit between the queenmother of Obomeng and the omanhene has been settled.
(10) That attached hereto are copies of the petitioner's notice of discontinuance and a letter from the regional commissioner which are all clear, and marked D and E respectively. Attached [p.336] herewith also a photocopy of the court order striking out the actions marked F. It is self-evident that Ampadu knows that their suit against the omanhene has not been settled. He therefore perjures himself by de
AI Generated Summary
Apatu-Plange J. granted a mandamus compelling Nana Akuamoah Boateng II, the Omanhene of the Kwahu Traditional Area, to permit the queenmother’s nominee, Nana Obeng Akrofi, to swear the customary oath of allegiance so he could be introduced to and take his seat at the Kwahu Traditional Council. The court reviewed affidavits and testimony about an October 1977 settlement at Abene brokered by the Eastern Regional Commissioner (Commander Osei) and Mr. Joe Appiah, finding that both the Nifahene–Omanhene rift and the Obomeng stool dispute were settled in favour of the queenmother’s nominee, corroborated by a May 1978 Council resolution. Addressing legal objections, the court held that chieftaincy duties are customary law obligations, part of Ghana’s common law under the 1979 Constitution, and that mandamus lies to enforce such duties where a legal right exists, a demand and refusal are proven, and no adequate alternative remedy is available. The respondent’s refusal—stated openly in Council—satisfied the demand/refusal requirement. The court ordered the ceremony within six weeks and awarded costs of ¢3,000.