THE REPUBLIC VS ALHAJI ALHASSAN & ORS

In this High Court contempt proceeding, Justice Joyce Boahen addressed a dispute over the Twafour (Twafo) stool of Sampa. The Applicant, Dramani Siaka, acting as the customary successor of Malam Moro Toure and head of the Kanawolo clan, sought the committal of Alhaji Alhassan, Seidu Musa, Zakaria Musa and the fourth Respondent for willfully disobeying a judgment of the Judicial Committee of the Sampa Traditional Council (JCSTC) delivered on 22 March 2016. The JCSTC had declared the Kanawolo family the custodians of the stool, restrained the Respondents from dealing with it, and cleared the way for the introduction of Alhaji Adams Yahaya (Nana Adams Brekum III). Adams Yahaya was later introduced and gazetted. Despite not appealing, the Respondents purportedly enstooled the fourth Respondent and supported him to act and be announced publicly as Twafourhene, relying on an alleged 2013 STC arbitration. The Court rejected challenges to capacity, alleged fraud and inconsistencies, found the arbitration invalid under the ADR Act, and held that orders of a competent tribunal must be obeyed until set aside. Applying the contempt elements and the standard of proof beyond reasonable doubt, the Court found all Respondents liable and imposed fines of GH¢40,000 each, with two months’ imprisonment in default.