[1991]DLHC2229 • December 20, 1991 • High Court
DEBRAH vs. THE REPUBLIC
The appellant, Yaw Debrah, was charged under section 53a of the Chieftaincy Act, 1971 (Act 370) for insulting the chief of Kadjebi by conduct. The prosecution alleged that Debrah insulted the chief by refusing to communicate through the chief's linguist (okyeame), leaving the palace without permission, and collecting stone particles in front of the chief's palace without permission. The chief named in the charge did not testify. The prosecution witnesses included the chief's linguist, a complainant who reported the conduct, and a police investigator. The appellant was fined by the chief and elders but refused to pay the fine, leading to the prosecution.
read moreThis appeal deals with the offence of disrespect to a chief, contrary to section 53(a) of the Chieftaincy Act, 1971 (Act 370). The Act only creates the offence but does not define what language or conduct constitutes disrespect or insult to a chief. My researches also had not revealed any reported decision on this section. Hence, counsel for the appellant had appealed for some guidance to the lower courts on what is involved in this offence and what the prosecution are to prove in order to sustain this charge. The appellant was charged under the said section 53(a) of Act 370, and the particulars of his offence read: “Yaw Debrah alias Atikpo; mason: For that you on 13 July 1990 at Kadjebi in the Volta magisterial district and within the jurisdiction of this court did insult the chief of Kadjebi, Nana Ogyeabour Akopim Finam II by way of conduct.” In proof of their case the prosecution called three witnesses, including the police investigator. Strangely enough, the person who is n...