REPUBLIC vs. GBI TRADITIONAL COUNCIL; EX PARTE ABAKA VII

JUDGMENT OF ACQUAH J. The eminent jurist, the late Mr Justice N A Ollennu, in his article, “Chieftaincy Under the Law” published in Essays in Ghanaian Law at p52 described chieftaincy as follows: “Chieftaincy is an ancient institution, the centre of rich culture, an object of awe and reverence as the active possessor of state power and possessor of the spirit of the ancestors and of the state.” But this sacred institution which in the days gone-by wielded such tremendous power and authority in its respective spheres of influence, had, through systematic legislation enacted by colonial and postcolonial governments, been effectively pruned of its power and awesomeness, and is now made to symbolise, more of our rich cultural heritage than a patent and effective traditional institution in the governance of the people. The most subtle and effective way by which this result has been achieved is through the provision whereby the functions of a chief are now divided into custo...