REPUBLIC v. VOLTA REGION CHIEFTAINCY COMMITTEE & ANOTHER; EX PARTE ASOR II

JUDGMENT OF FRANCOIS J.

In these proceedings, counsel moves on behalf of the applicant, Togbe Afede Asor, for the prerogative order of prohibition “to stop the Volta Region Chieftaincy Committee inquiring into whether the paramount stool of Ho Traditional Area belongs to or should be occupied by a citizen of either Dome or Bankoe." The circumstances which gave rise to this application are as follows: A committee of inquiry was appointed to inquire into and submit recommendations to the government on the qualification of membership of the Volta Regional House of Chiefs. Six terms of reference were set out in the instrument establishing the said committee.

It appears that during the course of the inquiry, questions relating to the applicant in respect of his capacity as a chief of Ho, and in some cases challenging his status, were raised. Objections have consequently been taken to the evidence so received as breach of the committee's jurisdictional powers.

In dealing with this matter, I am adopting a procedure of convenience in setting out in separate paragraphs the various issues that require determination, but before I do so, I shall set out the committee's terms of reference. They are:

“1. To find out who are according to customary law, the Paramount Chiefs in the Volta Region.

2. To inquire whether all such Paramount Chiefs should be members of the Volta Regional House of Chiefs and whether they are sufficient to constitute the House.

3 If they are not sufficient for the said purpose, to determine whether any and how many Divisional Chiefs should be added to their number for the above mentioned purpose.

4. To make recommendations to the Government as to the mode of selection or election of the Divisional Chiefs to be added to the Paramount Chiefs under paragraph 3 above.

[p.277]

For the purposes of paragraph 4 above the Committee should have regard to the communal groupings and representation, the traditions of the people in the area, their languages and dialects and their traditional allegiance as well as any other matters which in the opinion of the Committee should be taken into account for the purpose of determining the composition of the Volta Regional House of Chiefs.

6. For the purpose of the discharge of their functions under the foregoing paragraphs, the Committee shall have regard to the existing composition of the Volta Regional House of Chiefs under the Chieftaincy Act, 1961 (Act 81) together with the N.L.C. Decrees which affec