THE REPUBLIC v. THE PRESIDENT, CENTRAL REGIONAL HOUSE OF CHIEFS & THE PRESIDENT, NATIONAL HOUSE OF CHIEFS & EX PARTE: OBREMPONG NYANFUL KRAMPAH XI & (NANA OGYEEDOM OBRANU KWESI ATTA VI INTERESTED PARTY)

ACKAH-YENSU (MS.) JSC:-

INTRODUCTION

It is common knowledge that chieftaincy is one of the most enduring traditional institutions in Ghana, which has displayed remarkable resilience from pre-colonial through colonial to post-colonial times. The social value of the institution is given widespread recognition by the Ghanaian public. Nevertheless, the rights of even chiefs are subject to regulation. Indeed, as Coussey, JA observed in Republic v Techiman Traditional Council, Ex Parte Tutu [1982-83] GLR 996 at 999:

“Chieftaincy, since the British colonial administration, has been governed by statute and this has continued since the independence of Ghana in 1957”.

Thus, the institution of chieftaincy, although it has evolved in accordance with customary law, has been subjected to regulation by statute since the advent of British colonialism in Ghana. This remains true even now, subject to the qualification that Article 270 of the 1992 Constitution limits the extent of statutory intervention permitted in relation to the institution of chieftaincy.

Undoubtedly, the involvement of legislation, and government’s participation in chiefly affairs, is not to re-invent and create a novel approach to our traditional administration systems, but, rather, supplement and make more efficacious, that hallowed traditional institution of chieftaincy.

The institution of chieftaincy and all of its traditional councils, though long established and recognized under custom, has been given constitutional and legislative impetus. Our Laws have established, created, and defined the functions of the various houses of chiefs. Of particular interest to the subject matter of the instant action, are the functions of the National and Regional Houses of Chief.

Our invitation in this appeal, is to assess the mandate of the Research Committee of the Central Regional House of Chiefs, vis-à-vis the authority of the National House of Chiefs to determine, whether the Research Committee, in undertaking the activity that led to the instant appeal did exceed its authority, and if so, whether it should be amenable to judicial review.

BACKGROUND FACTS

The Applicant is the Paramount Chief of Gomoa Ajumako Traditional area. The Interested Party is an Odikro within the Gomoa Ajumako Traditional Area. There appears to have been some tension between the Applicant and

the Interested Party regarding the Interested Party’s zeal to see his stool elevated to the status of a paramountcy.

In this regard,