THE REPUBLIC v. NANA YAA BRAKU

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.