REPUBLIC v. NUMAPAU EX PARTE AMEYAW II and Others
1999
SUPREME COURT
GHANA
CORAM
- CHARLES HA YFRON-BENJAMIN
- AMPIAH
- ACQUAH
- ATUGUBA
- AKUFFO JSC
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
- Constitutional Law
- Administrative Law
1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana considered Nana Adu Ameyaw IIs motion for attachment or committal for contempt against sixteen respondents, including the President of the National House of Chiefs, members of its research committee and staff, and his long-time rival to the Effiduase stool. While a chieftaincy dispute was pending before the judicial committee of the Mampong Traditional Council, the sixteenth respondent petitioned the National House of Chiefs for re-entry of his name in the National Register of Chiefs, which the research committee approved and the acting registrar implemented, despite prior High Court orders and governmental recognition of Nana Adu Ameyaw II. A majority (Acquah, Atuguba, Akuffo JJSC) held that contempt related to chieftaincy judicial committees lies in the High Court, and that the Supreme Court could not commit at first instance for contempt of High Court orders or of such proceedings. They further found the applicant had not proved wilfulness or knowledge to the requisite standard. The application was dismissed with costs; Hayfron-Benjamin and Ampiah JJSC dissented, finding contempt had been committed.
Charles Hayfron-Benjamin JSC. Nana Adu Ameyaw II is the chief of Effiduase within the Asante Mampong Traditional Area and one time acting president of its traditional council. By a motion on notice, Nana, as the applicant prays this court for: " an order of attachment or committal for contempt, or both against the respondents herein," The applicant's ground for the application is that the respondents have shown "utter disrespect" to two of the superior courts-namely, the High Court and the Supreme Court. In amplification of his complaint from his affidavit in support of his application, I deduce that the applicant was complaining against conduct exhibited by the respondents which "interferes with the administration of justice or impedes or perverts the course of justice."
In his supporting affidavit, the applicant avers that the genesis of the present litigation commences from February 1979, when in the applicant's view, the sixteenth respondent "fraudulently got himself nominated, elected and installed as the Effiduasehene." The landmarks in the following litigation were a ruling by Ampiah J (as he then was) sitting in the High Court, Kumasi dated 6 October 1981; The order of Amua-Sekyi (as he then was) also sitting in the High Court, Kumasi, and the ruling of Okyere J sitting in the High Court, Kumasi, and dated 11 April 1988. The third of these rulings is relied on by the-respondents as having cleared the decks for the restoration of the name of the sixteenth respondent to the national register of chiefs which had previously been expunged on the order of Amua-Sekyi J (as he then was). The applicant avers that when the sixteenth respondent was ipso facto removed from the Effiduase Stool, Nana Konadu Yiadum I, queenmother was installed the caretaker, and later the chief in her own right, of the Effiduase stool. Nana Kunadu Yiadom I having subsequently abdicated, the applicant Nana Adu Ameyaw was installed chief of Effiduase in accordance with custom. In paragraph (14) of his affidavit the applicant avers:
"That by Notice No 18 in the Ghana Local Government Bulletin of Friday, 25 October 1991 I was recognised as having been installed Effiduasehene. "
The applicant contended that in civil motion No 80/94 this court had ordered the abusuapanin of the sixteenth respondent's family to perform all customary rites to the applicant before burying the Benkumhene of Effiduase who is the uncle of the sixteenth respondent [pg 289] That on the refusal of the sai