THE REPUBLIC v. NANA YAA BRAKU
January 24, 2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Civil Procedure
- Evidence Law
- Criminal Law and Procedure
January 24, 2025
HIGH COURT OF JUSTICE
CORAM
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In these proceedings, the Applicant, who described himself as the head of the Nsuase Agyabeng Ekuona Royal family of Asante Asokore in the Sekyere East District of the Ashanti Region, through his lawyer is seeking for an order of this Court committing the Respondent for contempt of Court.
In his affidavit in support filed on the 26th March, 2024, the Applicant, who alleged that he is the Head of the Nsuase Agyabeng Ekuona Royal Family of Asante Asokore, the family he further alleged, the late Nana Yaa Tiwaa II belongs, in the Sekyere East District of the Ashanti Regional of the Republic of Ghana. The Applicant further alleged that, he is also the Werempehene of Asokore Traditional Area and for that matter an elder and principal member of the said Traditional Area.
It is the case of the Applicant that, the judgment of the Court of Appeal, which has not been varied, overturned or disturbed in anyway by any recognized judicial process, and which is still valid and subsisting permanently demands obeisance from all interested persons including the Respondent that at all time, Nana Fobiri Tiwaa II has been the lawful Queenmother (Asokoremanhemaa) of the Asokore Traditional
Area.
According to the Applicant, inspite of the validity and binding effect of the judgment aforesaid on Respondent, she has, in open defiance of same, variously, knowingly and willfully acted and conducted herself as the Queenmother of the Asokore Traditional Area. He added that, in total disregard and disrespect to the
judgment of the Court of Appeal, Respondent caused her name to be entered into the National Register of Chiefs as Queenmother of Asokore, same of which appeared in the 13th July, 1990 issue of Local Government Bulletin, which has been attached as Exhibit FT2.
The Applicant deposed that, the Respondent has also had knowledge of the Judgment of the High Court and the Court of Appeal, though she attempted feigning ignorance of the Judgments until her own previous document exposed her. Applicant referred to exhibit FT 10 annexed to their affidavit in support.
The Applicant deposed further that, at all-time material, the Respondent has been aware of the reign of the late Nana Fobiri Tiwaa II. In that regard, the Applicant attached Exhibit FT11, which is a supplementary statement on the position of Asokore Traditional Council dated 8th December, 2017 indicating that Nana Fobiri Tiwaa II is the legitimate Queenmother of Asokore Traditional Area and their recognition of same.
AI Generated Summary
This High Court ruling by His Lordship Justice Frederick Tetteh concerns a contempt application brought by the head of the Nsuase Agyabeng Ekuona Royal family and Werempehene of the Asokore Traditional Area against a woman he alleged was unlawfully acting as Queenmother in defiance of an undisturbed Court of Appeal judgment recognizing the late Nana Fobiri Tiwaa II as Queenmother. The Applicant cited the Respondent’s entry in the National Register of Chiefs and public conduct (including riding in a palanquin at the 2024 Sagrenti War commemoration) as willful disobedience. The Respondent contested, detailing the destoolment of Nana Fobiri Tiwaa II, intervening enstoolment and abdication of Nana Ama Agyemang, and her own enstoolment in 1985, performed with the Asokore Traditional Council’s endorsement and the Ashanti Regional House of Chiefs’ recognition. The court held that contempt requires proof beyond reasonable doubt, clear orders, service or notice, and willful disobedience; the Applicant’s exhibits were non-compliant; the Applicant’s capacity was in doubt; and the controversy is predominantly a chieftaincy matter requiring adduction of evidence in the proper forum. The application was dismissed; the Respondent was acquitted and discharged; costs of GHc 40,000 were awarded.