REPUBLIC v. TEKPERBIAWE DIVISIONAL COUNCIL AND ANOTHER; EX PARTE NENE KORLE II

The High Court, per Abban J., considered an application by the recognised Tekperbiawe divisional chief of Big Ada seeking certiorari and prohibition to quash destoolment proceedings dated 20 April 1971 and to restrain the Tekperbiawe Divisional Council and Ada Traditional Council from suspending or destooling him. After certain elders—led by C. O. C. Amartey—purportedly convened proceedings under L.I. 309 and found a prima facie case, the Ada Traditional Council heard the matter, overruled the chief’s procedural objection, and declared him destooled. The respondents raised a preliminary objection that chieftaincy matters fall within the Traditional Council’s exclusive jurisdiction under section 15(1) of the Chieftaincy Act, 1971 and sections 52 and 113 of the Courts Act, 1971. Abban J. held that, while merits lie exclusively with Traditional Councils, the High Court’s common law supervisory jurisdiction remains, preserved by article 114 of the 1969 Constitution and not ousted except by clear statutory words. Accordingly, the preliminary objection was overruled.