REPUBLIC vs. AKIM ABUAKWA TRADITIONAL COUNCIL; EX PARTE SAKYIRAA II

The applicant, Nana Akosua Sakyiraa II, queenmother of the Akim Abuakwa Traditional Area, applied for certiorari to quash a decision by the Akim Abuakwa Traditional Council/Okyeman declaring her summarily destooled. The dispute arose after she nominated Odehye Asante for the vacant Okyenhene stool, while some kingmakers rejected that nomination and proceeded with the nomination, election and installation steps of Dr. Alex Fredua Agyemang. The applicant challenged that process before the Eastern Regional House of Chiefs. While that challenge was pending, meetings of the Okyeman were convened; the applicant did not attend, and on the allegation that she had dishonoured the call of Okyeman, she was summarily destooled. Portion of judgment: opening narrative from “This is an application by Nana Akosua Sakyiraa II...” through “...she immediately sought to assert her right to remain on the stool by bringing this present application asking this court to annul her said destoolment.”

JUDGMENT OF APATU-PLANGE AG. J. This is an application by Nana Akosua Sakyiraa II, queenmother of Akim Abuakwa Traditional Area, praying this court for an order of certiorari to quash the decision of the Akim Abuakwa Traditional Council which resulted in her summary destoolment. The application was vehemently opposed by the respondents. Before proceeding to deal with the very determined and interesting arguments adduced by both sides, it will be necessary to outline in brief the events and circumstances that led to the present application. On Monday, 2 August 1976, a meeting of all persons whose presence is requisite for the nomination of a new paramount chief for the Akim Abuakwa Traditional Area was convened at Ofori Panin Fie, Kibi, for the purpose of nominating a new Omanhene to succeed the late Nana Ofori-Atta III. The applicant herein was one of such persons, and was present. In the course of the deliberations it became necessary for the applicant, as c...