SARKODEE I v. BOATENG II

This Supreme Court of Ghana case arose from a chieftaincy dispute in the New Juaben Traditional Area. Nana Poku Sarkodee I, the Kyidomhene, sought the destoolment of the Omanhene, Nana Kwaku Boateng II, by filing petitions and charges before the Eastern Regional House of Chiefs. Although an earlier set of twenty charges from 1968 was served, those were never filed and were later withdrawn; in February 1973, a petition with eleven charges was filed. The appellant eventually deleted “and others” from the title and proceeded alone, prompting the respondent to challenge his capacity under customary law. The National House of Chiefs held that destoolment proceedings cannot be instituted by a single kingmaker, and the Court of Appeal (full bench) substantially affirmed. On further appeal (converted from a review by the 1979 Constitution’s transitional provisions), the Supreme Court majority accepted the National House of Chiefs’ statement as reasonable, emphasized that destoolment is a group decision requiring majority kingmaker support, found that the appellant lacked locus standi and evidentiary support, and dismissed the appeal. Taylor J.S.C. dissented, arguing the interlocutory appeal was incompetent and that proceedings should continue.