[1974]DLCA2314 • June 10, 1974 • Court of Appeal
REPUBLIC vs. ADANSI TRADITIONAL COUNCIL; EX PARTE NANA AKYIE II AND ANOTHER
The case concerns a chieftaincy dispute adjudicated by the Adansi Traditional Council. The dispute involved the rightful occupant of the vacant Edubiasi stool. Proceedings began before the full council of 21 members, with oaths sworn and evidence heard over multiple sessions. Subsequently, a reconstituted committee of seven members, less than half the total council membership, continued the hearing and delivered judgment in favor of the defendants. The plaintiffs challenged the jurisdiction of this reconstituted committee, arguing it was improperly constituted.
read moreThe short but important point argued in this appeal was whether or not the Adansi Traditional Council was seised with jurisdiction when less than one half of the total number of its membership sat to hear and determine a cause or matter affecting chieftaincy. The proceedings herein were formally commenced on 13 November 1968 when, before the full assembly of all the 21 members of the Adansi Traditional Council, presided over by the Adansihene as chairman at Bonsra Afriyie Palace, Fomena, the second plaintiff swore the oaths of Edubiasi, Adansi and the great oath of Ashanti that the defendant is not a true royal of the Edubiasi royal family, and as such could not occupy the vacant Edubiasi stool; whereupon the defendant responded to the same oaths that he is a true royal of Edubiasi stool and, as such, eligible to occupy the said vacant stool and that he had in fact been customarily nominated by the co-defendants. As demanded by custom, each party was ordered to slaughter four sheep;...