TOGBE AGBEKPO ASSEM IV FIA & ORS v. DANIEL KWASI BLEPONNY & ORS

OWUSU JSC;

INTRODUCTION:

On 22nd May, 2007, the Petitioners in this case filed a Writ before the Judicial Committee of the National House of Chiefs to invoke its original jurisdiction. In the said Writ the Petitioners claim the following reliefs:

1.A Declaration that the Bometsule Stool of Gborta is the only Stool of Mafi State and Mafi Installation Stool.

2.That the 1st Petitioner is the Fia of Mafi, he hailing from the appropriate family has been customarily nominated, elected, enstooled and or installed on the ancient and sacred Bometsule Stool of Mafi.

3.That the Anlo State Council judgment of 1950 was made without jurisdiction and actuated by malice, prejudice and vitiated for its gross infraction of the cardinal principles of natural justice.

4.An Order directing the 3rd Respondent to forward the 1st Petitioner’s enstoolment document to the National House of Chiefs, Kumasi for registration in the National Register of Chiefs and in the Gazette.

5.Injunction restraining the 3rd Respondent from holding out the 1st Respondent as Fia of Mafi.

On receipt of the Petitioners’ Writ, the Respondents filed Motion on Notice to strike out the Writ invoking the original jurisdiction of the National House of Chiefs in terms of section 22 of the Chieftaincy Act, 1970, (Act 370); Rule 28 of the Chieftaincy (National and Regional Houses of Chiefs) Procedure Rules, 1972 (C.I. 27); Order 9 rule 8 of the High Court (Civil Procedure) Rules, 2004, C.I. 47.

In the affidavit in support of the application, the Respondents deposed among other things that, Article 273 (1) of the 1992 Constitution of Ghana, vests the National House of Chiefs with appellate jurisdiction only in any cause or matter affecting chieftaincy which has been earlier on determined by the Regional House of Chiefs with a further appeal therefrom to the Supreme Court, with the leave of the National House of Chiefs. The respondents continued that, section 22 (1) and (3) of the Chieftaincy Act, 1970 (Act 370) also vests the National House of Chiefs with appellate jurisdiction to be exercised by the Judicial Committee of the National House of Chiefs. It is the case of the Respondents that there is no law in Ghana that grants original jurisdiction to the National House of Chiefs and or its Judicial Committee. Consequently, the purported Writ invoking the original jurisdiction of the National House of Chiefs is contrary to the provisions of the Constitution of Ghana and is therefore illegal and incurably