REPUBLIC vs. NATIONAL HOUSE OF CHIEFS AND OTHERS; EX PARTE FAIBIL III AND OTHERS

JUDGMENT OF EDWARD WIREDU J.A. The appellant was until the events leading to the proceedings in the High Court, Accra, which has resulted in this appeal, the Omanhene of Wasa Fiase Traditional Area with the stool name, Nana Ntsiful Essel IV. The facts before the court show that he was enstooled on 19 March 1975. A report of that enstoolment was forwarded to the registrar of the National House of Chiefs on 15 April 1975 by the Western Regional House of Chiefs under section 15(1) of the Chieftaincy Act, 1971 (Act 370). The facts further show that along with the report was a caution letter in the following terms: “Please note that a petition against the installation of Nana Amihiere Agyiliha as Nana Ntsiful Essel IV, Omanhene of Wasa Fiase Traditional Area, has been filed before the judicial committee of this house.” The undisputed evidence shows that the appellant’s enstoolment in spite of the “warning letter” was published in the Local Government Bulletin No.27 o...