REPUBLIC v. THE EX PARTE: BRIGADIER GENERAL AUGUSTINE ASIEDU

AMADU JSC:-

INTRODUCTION

(1) On the 27th day of June 2023, we dismissed the instant application and reserved our reasons. This ruling, thus, embodies the reasons informing our decision on the application. The conduct of the parties at the trial court from which our supervisory jurisdiction has been invoked necessitates a detailed reproduction of the events leading to the instant application and to further, expose the impropriety

undergirding same.

BACKGROUND FACTS

(2) The Applicant, Augustine Asiedu is a Brigadier General of the Ghana Armed Forces. He is also, the Director General, in charge of Training. On the 5th day of December, 2022, the Interested Party claiming to be the Head of the Assinie Family of Nyankomasi Ahenkro commenced a petition before the Judicial Committee of the Central Regional House of Chiefs against the Applicant and others. The petition prayed inter alia restraining orders against the Applicant herein from being

nominated to be considered for election as the Paramount Chief of the Assin Atandansu Traditional Area. The gravamen of the petition, as alleged by the Interested Party is that, he (The Interested Party) is the proper person to nominate anyone to be considered as the Paramount Chief of the said traditional area.

(3) Subsequent to the filing of the petition, the Interested Party applied to the judicial committee for an order of interlocutory injunction to restrain the Applicant from going through the customary rites of being confined and outdoored as Paramount Chief. The application for interlocutory injunction was duly opposed by the Applicant.

(4) While the application for interlocutory injunction was pending, the Interested Party asserts that, the Applicant commanded uniformed armed military men numbering about twenty (20) to intimidate the residents of Nyankomasi Ahenkro and forcefully imposed himself as the Paramount Chief of Assin Atandansu Traditional Area. Indeed, Exhibit ‘D’ series attached to the affidavit in opposition to the application before this court substantially corroborate this allegation. It is consequent upon the conduct of the Applicant aforesaid that, on the 13th of January 2023, the Interested Party cited the Applicant herein and another to be committed for contempt for disrespecting the authority of the Judicial Committee of the Central Regional House of Chiefs.

(5) That contempt application was served on the Applicant herein and same came up for hearing on the 9th of February, 2023. At the i