THE REPUBLIC vs. THE JUDICIAL COMMITTEE OF EASTERN REGIONAL HOUSE OF CHIEFS. (APPELLANTS) EX-PARTE: NANA YEBOAH AFARI OBUAGYAN & ORS DAASEBERE AKUAMOAH BOATENG II OMANHENE OF KWAHU TRADITIONAL AREA.

The Omanhene of Kwahu Traditional Area (Appellant) filed a chieftaincy dispute against the Divisional Chief and four lesser chiefs (Respondents), alleging unlawful elevation of status contrary to custom and law. The Respondents challenged the jurisdiction of the Eastern Regional House of Chiefs, arguing that constitutional interpretation of Article 270(1) of the 1992 Constitution vested jurisdiction in the Supreme Court. The Judicial Committee of the Eastern Regional House of Chiefs dismissed the objection, asserting jurisdiction. The High Court, Koforidua, granted certiorari and prohibition quashing the Regional House's proceedings and restraining further hearing. The Appellant appealed this ruling.

LARTEY, J.A. This is an appeal from the ruling of the High Court, Koforidua dated February 17, 2003 granting an order of certiorari to quash the proceedings of the Eastern Regional House of Chiefs, (herein referred to as the appellant) and a further order of prohibition against the Judicial Committee of the said chieftaincy tribunal from continuing the hearing of the matter. The background facts of this suit are that the Omanhene of Kwahu traditional area (herein also referred to as the interested party) commenced chieftaincy proceedings against the Divisional Chief of the area and four other lesser chiefs (herein referred to as the respondents) alleging that the respondents have elevated themselves to status they do not deserve and which is contrary to custom. After the respondents had filed their answer to the claim the interested party applied to the Judicial Committee of the same tribunal for an interlocutory injunction, but before it could be taken the respondents filed anothe...