REPUBLIC vs. NANA AKUAMOAH BOATENG II; EX PARTE DANSOA AND ANOTHER

The appellant, queenmother of Obomeng, nominated Nana Obeng Akrofi to fill the vacant Obomeng stool, a substool under the Kwahu paramount stool headed by the respondent, the Omanhene. A rival candidate, Colonel Osei Wusu, had also sworn allegiance to the Omanhene. The appellant sought a declaration that her candidate was properly elected and an order compelling the Omanhene to allow the oath of allegiance. Two suits relating to the dispute were consolidated but struck out by the Eastern Regional House of Chiefs' judicial committee, allegedly settled by the regional commissioner. The appellant claimed the suit was settled and sought mandamus to compel the Omanhene to perform his customary duty. The respondent denied the settlement and resisted the mandamus order.

JUDGMENT OF APALOO C.J. Apaloo C.J. delivered the judgment of the court. The appellant is the queenmother of Obomeng and the respondent is the Omanhene of the Kwahu Traditional Area. The Obomeng stool is a sub-stool subservient to the paramount stool. The occupant of the Obomeng stool by name Nana Abankwa abdicated and that stool became vacant. As queenmother, the appellant has the customary right of nominating a new candidate for election by the kingmakers. In exercise of that right, she nominated one Obeng Akrofi for election to the vacant stool. Her nomination appears to have been accepted by some of the stool elders. After customary introduction to two intermediate chiefs, the chief-elect had to be introduced to the Nifahene — the head of the Nifa Division to which the Obomeng stool belonged. This appears to have been done and Nana Akrofi swore the oath of allegiance to the Nifahene. But his customary and legal recognition would be incomplete unless he also swore an oath of a.....