[1975]DLCA426 • November 10, 1975 • Court of Appeal
REPUBLIC vs. ASOKORE TRADITIONAL COUNCIL; EX PARTE TIWAA
The respondent, Nana Fobiri Tiwaa, was the queenmother of Asokore until 9 May 1974 when the Asokore Traditional Council purported to destool her, citing her failure to attend meetings and alleged insubordination. A new queenmother was enstooled and recognized by the government. The respondent challenged her destoolment as unlawful, arguing it violated custom, statutory law, and natural justice. The High Court quashed the destoolment, leading to this appeal.
read moreJUDGMENT OF APALOO J. Until 9 May 1974, the respondent, Nana Fobiri Tiwaa, was the unquestioned queenmother of Asokore in the Asokore Traditional Area of Ashanti. She said, and the learned judge agreed, that she still is. The appellants, the traditional council, say, she no longer is and that she was removed from that office on 9 May 1974. Since that date, a new queenmother has been enstooled and is duly recognised as such by the government. Indeed the government also recognised the fact of the respondent’s destoolment. The respondent claimed that her purported removal amounted to nought because not only did it transgress custom but offended against enacted law and the rules of natural justice. She asked the High Court to quash her so-called removal on these grounds. That court did so to provoke the present appeal. Now the facts. The respondent was, on a date which the evidence did not disclose, nominated, elected and installed the queenmother of Asokore. While she occupie.....