REPUBLIC v. NANA AKUAMOAH BOATENG II; EX PARTE DANSOA AND ANOTHER
February 17, 1983
SUPREME COURT
GHANA
CORAM
- APALOO C.J.
- SOWAH
- ARCHER
- ADADE
- TAYLOR JJ.S.C
Areas of Law
- Administrative Law
- Civil Procedure
- Evidence Law
- Alternative dispute resolution
February 17, 1983
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Chief Justice Apaloo, writing for the Supreme Court of Ghana, resolved a chieftaincy-related dispute arising from the Obomeng stool in the Kwahu Traditional Area. After Nana Abankwas abdication, the Obomeng queenmother nominated Obeng Akrofi, who swore allegiance to the Nifahene, but the Omanhene had already recognized a rival, Colonel Osei Wusu. Two suits in the Eastern Regional House of Chiefs were consolidated; the Nifahenes dispute was recorded as settled, but the queenmothers suit was not. In High Court mandamus proceedings, the trial judge found both disputes settled on 27 October 1977 and ordered the Omanhene to allow Akrofi to swear allegiance. The Court of Appeal reversed, relying on contemporaneous letters and records. Affirming, the Supreme Court held the queenmothers dispute was not settled, vacated the mandamus, and dismissed the appeal, leaving the unresolved contest between Akrofi and Wusu.
JUDGMENT OF APALOO C.J.
Apaloo C.J. delivered the judgment of the court. The appellant is the queenmother of Obomeng and the respondent is the Omanhene [p.915] of the Kwahu Traditional Area. The Obomeng stool is a sub-stool subservient to the paramount stool. The occupant of the Obomeng stool by name Nana Abankwa abdicated and that stool became vacant. As queenmother, the appellant has the customary right of nominating a new candidate for election by the kingmakers.
In exercise of that right, she nominated one Obeng Akrofi for election to the vacant stool. Her nomination appears to have been accepted by some of the stool elders. After customary introduction to two intermediate chiefs, the chief-elect had to be introduced to the Nifahene — the head of the Nifa Division to which the Obomeng stool belonged. This appears to have been done and Nana Akrofi swore the oath of allegiance to the Nifahene. But his customary and legal recognition would be incomplete unless he also swore an oath of allegiance to the respondent who is the overall head of the traditional area. It was the customary prerogative of the Nifahene to introduce the new chief to the Omanhene for this purpose. He attempted to do this but was unsuccessful. Apparently, a rival candidate by name Colonel Osei Wusu had already sworn the oath to him as the Obomenghene.
To assert the right of her chosen candidate to be sworn-in, so to speak, by the respondent, the appellant brought a suit against him in the Eastern Regional House of Chiefs and sought a declaration that her candidate, "Obeng Akrofi was properly and constitutionally elected to the Obomeng stool." Apparently, the Nifahene, Nana Kofi Asiamah, himself had his grievance against the Omanhene. The latter had caused the Obomeng Black stool and other property to be removed from the stool house. Claiming that this transgressed custom, he independently instituted a suit against him in the same forum, namely the Eastern Regional House of Chiefs. These two suits were consolidated for hearing. It is to be noted that notwithstanding the consolidation, these were two different suits, differently numbered. The Nifahene's one against the respondent was numbered ERHC/76/P/8/5 while that of the appellant was numbered ERHC/76/P18/4.
Neither of these two suits was determined on the merits. Had that been done, these proceedings would not have seen the light of day — at any rate, they would not have taken the form in which they were presented to the court