REPUBLIC v. NANA OSEI BONSU ll & OTHERS

BROBBEY, J S C. This case started when two contestants were vying to be installed as the queenmother of Asante Mampong. One will be described as the nominee of the first appellant. The other contestant was Nana Yaa Adwubi, the third respondent. The case of the appellants was that first appellant’s nominee intimated to the Mamponghene, the first respondent, that she was interested in being considered for installation as the queenmother of Asante Mampong. When the nominee’s supporters realized that the first respondent was bent on nominating the third respondent in preference to her, they filed a petition in the Ashanti Regional House of Chiefs asking for the following reliefs:

(a) A declaration that members of the Botase Royal family are eligible to occupy both male and female stools of Mampong.

(b) A declaration that, without having taken a decision on the application of the first appellant’s nominee, the first respondent’s nomination of the third respondent as the queenmother of Mampong was contrary to custom and void.

© A further declaration that adequate consideration be given to the candidature of the first appellant’s nominee and since the first and second respondents had failed to do that they were in breach of their customary duty.

(d) An order compelling the first and second respondents to follow the customary procedure in installing a queenmother for Mampong.

(e) An order restraining the first and second respondents from going ahead to install the third respondent as the queenmother of Mampong.

The petition was filed on 22 February, 2000. On the next day of 23 February, a motion for injunction was filed to restrain the first and second respondents from installing the third respondent as the queenmother of Mampong. The appellants contended further that notwithstanding the motion, the first and second respondents went ahead and installed the third respondent as the queenmother of Asante Mampong on 29 February 2000. On 5 April 2000, they filed a motion in the High Court to attach the three respondents for contempt of the Ashanti Regional House of Chiefs. According to the appellants, the basis of the allegation of contempt was that on 7th February 2000 there was a meeting of the Mamponghene and the Mampong Traditional Council at which the issue of nomination of the queenmother was discussed: The actual enstoolment was conducted on 29 February 2000 while the petition and motion for injunction were already pending. The enstoolment therefore consti