REPUBLIC vs. COMMISSIONER FOR CHIEFTAINCY AFFAIRS AND ANOTHER; EX PARTE NII ADJA KWAO II

JUDGMENT OF JIAGGE J.A. This appeal is from the decision of the High Court dismissing the appellant’s motion for an order of certiorari to quash two decisions in which the Commissioner responsible for Chieftaincy Affairs (1) withdrew recognition from the appellant as James Town Mantse, and (2) handed over the James Town stool property to one Nii Aryee Quaye IV. The appellant, Nii Adja Kwao II, in his affidavit in support of his application for leave in the court below, averred that he was customarily and constitutionally elected and enstooled as James Town mantse in 1959 and was subsequently recognised as such by the Governor-General under L.N. 201 of 1 August 1959. That in January 1974, a writ of summons was issued against him in the Ga Traditional Council seeking (a) a declaration that his enstoolment was null and void and (b) an order for his destoolment. Subsequently, the Commissioner responsible for Chieftaincy Affairs by the James Town Stool Property (Seizure) Instrument.....