[1971]DLHC2178 • December 22, 1971 • High Court
ABABIO vs. THE REPUBLIC
The appellant, Nana Owusu Yaw Ababio, was the chief of Kaase within the Kumasi Traditional Council. He was convicted by the Circuit Court, Kumasi, for failing without reasonable excuse to attend a meeting of the Kumasi Traditional Council to which he had been summoned, contrary to paragraphs 5A 1 and 5A 2 b of the Chieftaincy Amendment Decree, 1966 N.L.C.D. 112, as amended by the Chieftaincy Amendment No. 3 Decree, 1967 N.L.C.D. 203. He was fined or sentenced to imprisonment in default. The appellant appealed against the conviction on grounds challenging the applicability of the offence to him.
read moreThe appellant was before the events which led to his prosecution the chief of Kaase, within the Kumasi Traditional Council and a member of the said council. On 28 July 1969 he was convicted before the Circuit Court, Kumasi, of the offence of failing to attend meetings of the traditional council, contrary to paragraphs 5A (1) and 5A (2) (b) of the Chieftaincy (Amendment) Decree, 1966 (N.L.C.D. 112), as amended by the Chieftaincy (Amendment) (No. 3) Decree, 1967 (N.L.C.D. 203). The particulars charged as follows: “Nana Owusu Yaw Ababio as Kaasehene on the 22nd day of August, 1968 at Kumasi in the Ashanti Circuit and within the jurisdiction of this court, without reasonable excuse failed to attend a meeting of the Kumasi Traditional Council to which he had been summoned.” On his conviction thereof he was sentenced to a fine of N¢50.00 or in default three months’ imprisonment. It is against this conviction that he has appealed and upon the grounds: “(1) That the learned circuit j...