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THE REPUBLIC v. CENTRAL REGIONAL HOUSE OF CHIEFS, EX PARTE: OPANYIN KOBINA AMOAH & ANOR

January 14, 2009

SUPREME COURT

GHANA

CORAM

  • WOOD(MRS), C.J (PRESIDING)
  • BROBBEY, J.S.C
  • ANSAH, J.S.C
  • DOTSE, J.S.C
  • BAFFOE-BONNIE, J.S.C

Areas of Law

  • Civil Procedure
  • Administrative Law
  • Constitutional Law

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.

JUDGMENT