REPUBLIC v. OMANHENE OF AHANTA TRADITIONAL AREA & OTHERS; EX PARTE KORKOR & OTHERS

Twumasi J of the High Court considered an application by individuals identifying themselves as the kingmakers of Princess Town to attach the Omanhene of the Ahanta Traditional Area and other respondents for contempt arising from a disputed chieftaincy installation. After the Princess Town stool fell vacant in December 1982, the second respondent nominated and confined the third respondent for outdooring and installation. The applicants petitioned the Ahanta Traditional Council, alleging violations of customary procedure because accredited kingmakers had not been consulted. While the petition was pending before the Councils judicial committee, a police permit to outdoor the third respondent was obtained and later withdrawn following intervention by the Western Regional House of Chiefs; nonetheless, the first respondent proceeded to outdoor the third respondent. In the High Court, respondents counsel invoked regulation 13(5) of the Chieftaincy (Proceedings and Functions) (Traditional Councils) Regulations, 1972 (LI 798), contending that only the judicial committee could certify contempt to the High Court. Accepting that the statute conditions jurisdiction on such certification, the court declined jurisdiction and dismissed the application, awarding a31,000 costs.