January 14, 2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Ghana Supreme Court, per Brobbey J.S.C with a separate concurrence by Baffoe-Bonnie J.S.C and agreement by the Chief Justice Wood (Mrs), Ansah J.S.C, and Dotse J.S.C, allowed an appeal concerning the proper forum for a chieftaincy dispute in the Twifo Hemang Traditional Area. After the death of the Adonten Stool’s occupant, stool elders challenged the alleged attempt by the paramount chief, Nana Amoa Sasraku III, through the Obaapaanin and family head, to install Mensah Marfo, said not to be from the Aberadze family lineage. The petition sought declarations and injunctions in the Central Regional House of Chiefs. The High Court restrained the Regional House, holding that the Twifo Hemang Traditional Council had jurisdiction over divisional stool disputes; the Court of Appeal (2–1) reversed. Emphasizing Act 370 sections 23(1) and 15(1), Article 277, and authorities including Ex parte Aduhene II, Essilfie v Anafo, and Ansu-Agyei v Fimah, the Supreme Court held that naming a paramount chief or his swearing-in role does not convert a divisional stool dispute into a paramount stool matter. It restored the High Court’s ruling and directed that the petition be heard by the Twifo Hemang Traditional Council.
BROBBEY, J.S.C:
The undisputed facts in this application were that the occupant of the Adonten Stool of the Twifo Hyeman Traditional Area died: Succession to that stool was the prerogative of the Aberadze family of that Traditional Area. It was alleged that the Obaapaanin and head of that family were acting on the instructions of the paramount chief of Twifo Hemang Traditional Area, the first respondent herein, to impose on the stool as a Adontenhene one Mensah Marfo who did not hail from the right lineage of the Adonten Stool.
The litigation started by the Stool elders filing a petition in the Central Regional House of Chiefs for a declaration to prevent the installation of Mensah Marfo as Adontenhene. The appellants in the instant appeal then filed an application in the Cape Coast High Court to restrain the Regional House from hearing the petition on the grounds of want of jurisdiction. The basis of the application was this; the general rule is that Regional Houses of Chiefs are mandated to try disputes involving the Asantehene and paramount chiefs as stated in the Chieftaincy Act, 1971(Act 370), s. 23(1) which provides that
“Each Regional House of Chiefs shall have the following original and appellate jurisdiction:-
(a) Original jurisdiction in all matters relating to a paramount stool or the occupant of a paramount stool…”
On the other hand, traditional councils are mandated to try disputes involving chiefs below paramount chiefs. The authority for this is Act 370, s. 15(1) which reads:
“Subject to the provisions of this Act and to any appeal therefor, a Traditional Council shall have exclusive jurisdiction to hear and determine any cause or matter affecting Chieftaincy which arises within its area, not being one to which the Asantehene or a paramount chief is a party.”
The Adonten stool is a divisional one which is below a paramount stool: The applicants therefore argued that a dispute involving it should be tried in the Twifo Heman Traditional Council but not the Regional House of Chiefs. The respondents opposed the application by contending that since disputes involving a paramount chief were triable in Regional Houses of Chiefs and the first respondent was a paramount chief, the dispute involving him should be tried in the Central Regional House of Chiefs.
The High Court, presided over by B. O. Tetteh J., granted the applicants’ application by ruling that the Twifo Heman Traditional Area and not the Central Regional House of Chiefs had juri