[1972]DLHC2412 • November 19, 1972 • High Court
REPUBLIC vs. BOATENG; EX PARTE ADU-GYAMFI II
The applicant, abusuapanyin (head) of the Abrade family of Akwatia and principal kingmaker, claimed authority with the queenmother to elect and enstool the chief of Akwatia. The respondent disputed the applicant's status and claimed to be the rightful chief, having been elected and installed contrary to the findings of a chieftaincy committee appointed by the National Liberation Council. The dispute arose from conflicting claims to the Akwatia stool following a prior committee decision that set aside the respondent's initial election and directed the queenmother to nominate a candidate. The respondent was subsequently installed and recognized by the government, despite objections from the applicant and the Abrade family.
read moreThe applicant is the abusuapanyin of the Abrade family of Akwatia and a principal kingmaker. He claims that with the queenmother, Obaapanyin Adjoa Dankwa II, he is responsible for the election and enstoolment of the chief of Akwatia. He claims that the application is for himself and on behalf of the Abrade family of Akwatia. This is denied by the respondent who states that “it is not true that the applicant is the head of the Abrade family or a principal kingmaker of the Akwatia stool, or that he brings the action on behalf of the said family. The respondent claims that the head of the Abrade family of Akwatia is Opanyin Kofi Tuda II.” Lengthy litigation over the enstoolment or the purported enstoolment of the respondent as Akwatiahene was decided by the chieftaincy committee appointed by the National Liberation Council under the provisions of the Chieftaincy Act, 1961 (Act 81), and presided over by Mr. Justice Siriboe. The decision of this committee as confirmed by the National...